Sides v. Fisher et al

Filing 9

MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Report and Recommendation 4 is ADOPTED. The complaint is DISMISSED with prejudice for purposes of in forma pauperis proceedings. Plaintiff's motion for leave to proceed in forma pauperi s 2 is DENIED. Sides may resume the lawsuit if he pays the entire filing fee of $400 within thirty days from the entry of the final judgment. Sides is warned, however, that the lawsuit may still be dismissed as frivolous if he timely files the entire filing fee of $400. All motions not previously ruled on are hereby DENIED. Signed by Judge Michael H. Schneider on 04/12/16. (mll, )

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

THOMAS RAY SIDES, #1313182

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VS.

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STACY FISHER, ET AL.

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CIVIL ACTION NO. 6:16cv213

ORDER OF DISMISSAL
Plaintiff Thomas Ray Sides, an inmate confined at the Michael Unit of the Texas prison
system, proceeding pro se and seeking to proceed in forma pauperis, brings this civil rights lawsuit
against 29 prison employees. The present case is his latest lawsuit about the food that is being served
to him. 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). Sides 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 Sides, the Court is of the opinion that the findings
and conclusions of the Magistrate Judge are correct, and the objections raised by Sides are without
merit. It is specifically noted that Sides has a history of abuse of court. He has accumulated “three
strikes” for purposes of § 1915(g). The facts as alleged in the present lawsuit do not give rise to an
inference that he was under imminent danger of serious physical injury at the time he filed the lawsuit
and his application to proceed in forma pauperis; thus, the lawsuit should be dismissed with prejudice
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for purposes of in forma pauperis proceedings. Sides’ objections and arguments to the contrary lack
merit. 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 #4) 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 Sides’ motion for leave to proceed in forma pauperis (docket entry #2) is
. DENIED. It is further
ORDERED that Sides may resume the lawsuit if he pays the entire filing fee of $400 within
thirty days from the entry of the final judgment. Sides is warned, however, that the lawsuit may still
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 12th day of April, 2016.

____________________________________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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