Anderson v. Gooden et al

Filing 55

ORDER OF DISMISSAL AND ADOPTING 37 Report and Recommendations and ORDERING that complaint is dismissed with prejudice and all motions not previously ruled on are Denied. Signed by Judge Michael H. Schneider on 10/2/2014. (sm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION

RUBEN SOLIS ANDERSON, #596151

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VS.

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F. GOODEN, ET AL.

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CIVIL ACTION NO. 5:14cv57

ORDER OF DISMISSAL
Plaintiff Ruben Solis Anderson, an inmate confined at the Telford Unit of the Texas prison
system, filed the above-styled and numbered civil rights lawsuit. The complaint was referred to United
States Magistrate Judge Caroline M. Craven, who issued a Second Report and Recommendation
concluding that the complaint should be dismissed. Anderson has filed objections.
Anderson alleges prison officials are retaliating against him and trying to get him killed. He
acknowledged that the present lawsuit is a mirror image of his previous two lawsuits. The Court
granted the Defendants motion to dismiss in Anderson v. Burgess, Civil Action No. 5:12cv50 (E.D.
Tex. April 18, 2013). The Fifth Circuit dismissed his appeal as frivolous. Anderson v. Burgess, 547
F. App’x 493 (5th Cir. 2013). He was warned about filing frivolous lawsuits; nonetheless, he raised
the same claims in another lawsuit, which was dismissed in Anderson v. Grounds, Civil Action No.
5:13cv130 (E.D. Tex. April 30, 2014).
Undeterred, Anderson filed the present lawsuit on April 30, 2014. On July 18, 2014, the
lawsuit was dismissed for purposes of in forma pauperis proceedings pursuant to the “three strikes”
provisions of 28 U.S.C. § 1915(g). Anderson, however, paid the filing fee and the case was returned
to the active docket on July 23, 2014. On August 22, 2014, Magistrate Judge Craven issued the
Second Report and Recommendation (docket entry #37). She correctly observed he may not

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repeatedly relitigate the same claims. A recommendation was made to dismiss the lawsuit as frivolous
pursuant to 28 U.S.C. § 1915A(b)(1).
The Second Report of the Magistrate Judge, which contains her proposed findings of fact and
recommendations for the disposition of such action, has been presented for consideration, and having
made a de novo review of the objections raised by Anderson to the Report, the Court is of the opinion
that the findings and conclusions of the Magistrate Judge are correct and the objections by Anderson
are without merit. Therefore the findings and conclusions of the Magistrate Judge are adopted as the
findings and conclusions of the Court. It is accordingly
ORDERED that the Second Report and Recommendation (docket entry #37) is ADOPTED.
It is .further
ORDERED that the civil rights complaint is DISMISSED with prejudice pursuant to 28
U.S.C. § 1915A(b)(1). All motions not previously ruled on are DENIED.
Finally, Anderson is warned that additional sanctions may be imposed against him if he persists
in filing new lawsuits raising the same claims.
It is SO ORDERED.
SIGNED this 2nd day of October, 2014.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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