Anderson v. Walter et al

Filing 9

ORDER ADOPTING 3 Report and Recommendations and FURTHER ORDERED that the complaint is DISMISSED with prejudice for purposes of in forma pauperis proceedings and 2 Motion for leave to proceed in forma pauperis is DENIED. Anderson may resume the lawsuit if he pays the full filing fee of $400 within thirty days of the issuance of this order. All motions not previously ruled on are Denied.. Signed by Judge Michael H. Schneider on 10/30/2014. (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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MS. WALTER, ET AL.

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CIVIL ACTION NO. 5:14cv131

ORDER OF DISMISSAL
Plaintiff Ruben Solis Anderson, an inmate confined at the Telford Unit of the Texas prison
system, proceeding pro se and seeking to proceed in forma pauperis, filed the above-styled and
numbered civil rights lawsuit pursuant to 42 U.S.C. § 1983. The complaint was directly assigned
to United States Magistrate Judge Caroline M. Craven, who issued a Report and Recommendation
concluding that the lawsuit should be dismissed pursuant to the “three strikes” provisions of 28
U.S.C. § 1915(g). Anderson has filed objections.
The 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
raised by Anderson are without merit. It is specifically noted that Anderson has repeatedly filed
lawsuits alleging that his life is in danger. The issue was fully developed in past lawsuits, and the
filing of the present lawsuit constitutes an abuse of the Court. Anderson has not shown that the
exception to § 1915(g) applies; thus, the lawsuit should be dismissed in accordance with the
provisions of that statute. Therefore the Court hereby adopts the findings and conclusions of the
Magistrate Judge as the findings and conclusions of the Court. It is accordingly

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ORDERED that the Report and Recommendation (docket entry #3) is ADOPTED. It is
further
ORDERED that the complaint is DISMISSED with prejudice for purposes of in forma
pauperis proceedings pursuant to 28 U.S.C. § 1915(g). Anderson’s motion for leave to proceed in
.
forma pauperis (docket entry #2) is DENIED. Anderson may resume the lawsuit if he pays the full
filing fee of $400 within thirty days of the issuance of this order. All motions not previously ruled
on are DENIED.
Finally, Anderson is warned that additional sanctions may be imposed if he persists in filing
new lawsuits that constitute an abuse of the Court.
It is SO ORDERED.
SIGNED this 30th day of October, 2014.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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