Washington v. McWhirter et al

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The civil rights complaint is DISMISSED with prejudice for purposes of in forma pauperis proceedings. The motion to proceed in forma pauperis 2 is DENIED. Plaintiff may resume the lawsuit if he seeks and obtains permission to file the lawsuit, and pays the entire filing fee of $400 within 30 days after the entry of the final judgment. All motions not previously ruled on are hereby DENIED. Signed by Judge Leonard Davis on 05/30/14. (mll, )

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

JESSIE LEE WASHINGTON, #901757

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VS.

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TAMMILYN MCWHIRTER, ET AL.

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CIVIL ACTION NO. 6:14cv303

ORDER OF DISMISSAL
Plaintiff Jessie Lee Washington, an inmate confined in 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 cause of action was referred to United States Magistrate
Judge K. Nicole Mitchell, who issued a Report and Recommendation to dismiss the case pursuant
to 28 U.S.C. § 1915(g) and sanctions imposed by the Fifth Circuit in Washington v. Legg, No. 9540510, 1996 WL 101372 (5th Cir. Feb. 23, 1996). The Plaintiff has filed objections. Without
explanation, he merely alleges that he is under imminent danger of serious injury.
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 amended complaint and objections raised by Plaintiff to the Report,
the Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct and
the objections of Plaintiff are without merit. It is specifically noted that Plaintiff’s claim that
Defendant Thomas left his cell door open on October 30, 2013 fails to show that he was under
imminent danger of serious physical injury at the time that he filed the lawsuit on April 24, 2014.

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Furthermore, Plaintiff failed to address or satisfy the remaining sanctions imposed by the Fifth
Circuit in Washington v. Legg. More specifically, he neither sought nor obtained permission to file
the present lawsuit. Therefore the Court hereby adopts the findings and conclusions of the
Magistrate Judge as the findings and conclusions of the Court. It is accordingly
ORDERED that the civil rights complaint is DISMISSED with prejudice for purposes of
in forma pauperis proceedings pursuant to 28 U.S.C. § 1915(g). It is further
ORDERED that the motion to proceed in forma pauperis (Docket Entry #2) is DENIED.
It is further
ORDERED that Plaintiff may resume the lawsuit if he (1) seeks and obtains permission to
file the lawsuit, and (2) pays the entire filing fee of $400 within thirty days after the entry of the final
judgment. It is finally
ORDERED that all motions not previously ruled on are hereby DENIED.
So ORDERED and SIGNED this 30th day of May, 2014.

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LEONARD DAVIS
UNITED STATES DISTRICT JUDGE

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