Lowe v. Karriker et al

Filing 10

ORDER adopting 6 Report and Recommendation and dismissing the complaint with prejudice for purposes of in forma pauperis proceedings pursuant to 28 USC 1915(g). Ordered that 2 Motion for leave to proceed in forma pauper is denied. Pltf may resume the lawsuit if he pays the entire $400 filing fee within 30 days after entry of the final judgment. All motions not previously ruled on are denied. Signed by Judge Michael H. Schneider on 3/29/16. (tkd, )

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

EDMOND STEVEN LOWE, #573977

§

VS.

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GAYLE E. KARRIKER, ET AL.

§

CIVIL ACTION NO. 6:16cv105

ORDER OF DISMISSAL
Plaintiff Edmond Steven Lowe, an inmate confined at the Coffield 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 referred to United
States Magistrate Judge K. Nicole Mitchell, who issued a Report and Recommendation concluding that
the lawsuit should be dismissed with prejudice for purposes of in forma pauperis proceedings pursuant
to 28 U.S.C. § 1915(g). Lowe has filed objections.
The Report of the Magistrate Judge, which contains 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 Lowe, the Court is of the opinion that the findings
and conclusions of the Magistrate Judge are correct, and the objections raised by Lowe are without
merit. It is specifically noted that Lowe has a history of abuse of court. He has accumulated “three
strikes” for purposes of § 1915(g). He argues in his objections that two of the cases should not count
as strikes; nonetheless, the cases were dismissed as frivolous and/or for failure to state a claim upon
which relief may be granted. The cases count as strikes for purposes of § 1915(g). The facts as alleged
in the present lawsuit do not give rise to an inference that Lowe was under imminent danger of serious
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physical injury at the time he filed the lawsuit and his application to proceed in forma pauperis; thus,
the exception provided by § 1915(g) does not apply. The lawsuit should be dismissed with prejudice
for purposes of in forma pauperis proceedings. 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 Report and Recommendation (docket entry #6) 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). It is further
ORDERED that Lowe’s motion for leave to proceed in forma pauperis (docket entry #2) is
. DENIED. It is further
ORDERED that Lowe may resume the lawsuit if he pays the entire filing fee of $400 within
thirty days after the entry of the final judgment. Lowe is warned, however, that the lawsuit may be
dismissed as frivolous if he timely files the entire filing fee of $400. It is finally
ORDERED that all motions not previously ruled on are hereby DENIED.
It is SO ORDERED.
SIGNED this 29th day of March, 2016.

____________________________________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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