Washington v. Rupert et al
MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATIONS. Plaintiff's objections are overruled and the Report of the Magistrate Judge 5 is ADOPTED as the opinion of the District Court. Plaintiff is denied in forma pauperis status and the above-sty led civil action is DISMISSED as barred for failure to comply with prior sanction orders. Such dismissal is without prejudice as to the refiling of the lawsuit once all sanctions imposed upon Washington have been satisfied and with permission of a judge of this court, but with prejudice as to its refiling while any sanction remains unsatisfied. Any and all motions which may be pending in this action are hereby DENIED. Signed by Judge Michael H. Schneider on 11/12/15. (mll, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
JESSIE LEE WASHINGTON #901757
JOHN RUPERT, ET AL.
CIVIL ACTION NO. 6:15cv286
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Plaintiff Jessie Lee Washington, proceeding pro se, filed this civil rights lawsuit under
42 U.S.C. §1983 complaining of alleged violations of his constitutional rights. This Court ordered
that the case be referred to the United States Magistrate Judge pursuant to 28 U.S.C. §636(b)(1) and
(3) and the Amended Order for the Adoption of Local Rules for the Assignment of Duties to United
States Magistrate Judges.
This lawsuit was severed out of a larger one. Washington was directed to file an amended
complaint and to pay the filing fee or seek leave to proceed in forma pauperis, but he did not comply.
The magistrate judge issued a report noting Washington’s failure in this regard, but this report also
stated that Washington’s lawsuit suffered from a more significant flaw. Court records show
Washington has a lengthy history of engaging in frivolous and malicious litigation and he has
incurred multiple sanctions. The Fifth Circuit has barred Washington from filing any pro se, in
forma pauperis initial civil pleading in any court subject to the Fifth Circuit’s jurisdiction without
the advance written permission of a judge of that court, and the U.S. District Court for the Western
District of Texas has sanctioned him $120.00 and barred him from filing any future civil actions until
the sanction was paid or leave of court was obtained. Washington did not receive permission prior
to filing this lawsuit and has not shown that the sanction imposed by the Western District has been
satisfied. The magistrate judge recommended that Washington’s lawsuit be dismissed as barred for
failure to comply with prior sanction orders.
In his objections to the report, Washington complains that the Court is failing to safeguard
inmates in the prison and that the three strikes provision of 28 U.S.C. §1915(g) is being used to
violate prisoners’ rights. His objections do not mention the sanctions imposed upon him which
formed the basis of the magistrate judge’s report.
The Court has conducted a careful de novo review of the pleadings in this case, including the
report of the magistrate judge and the Plaintiff’s objections thereto. Upon such de novo review, the
Court has concluded that the report of the magistrate judge is correct and the Plaintiff’s objections
are without merit. It is accordingly
ORDERED that the Plaintiff’s objections are overruled and the Report of the Magistrate
Judge (docket no. 5) is ADOPTED as the opinion of the District Court. It is further
ORDERED that the Plaintiff is denied in forma pauperis status and the above-styled civil
action is DISMISSED as barred for failure to comply with prior sanction orders. Such dismissal
is without prejudice as to the refiling of the lawsuit once all sanctions imposed upon Washington
have been satisfied and with permission of a judge of this court, but with prejudice as to its refiling
while any sanction remains unsatisfied. Any refiling of this lawsuit shall also be governed by the
provisions of 28 U.S.C. §1915(g). It is further
ORDERED that any and all motions which may be pending in this action are hereby
SIGNED this 12th day of November, 2015.
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE
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