Williams v. In The United States District of The American et al

Filing 17

ORDER - The Court construes this action as a prisoner civil rights action filed pursuant to 42 U.S.C. § 1983. Therefore, Mr. Williams is ORDERED to pay the $400.00 filing fee in full on or before March 6, 2018 or to file a fully completed m otion to proceed in forma pauperis. In the event Mr. Williams moves to proceed in forma pauperis, Mr. Williams is further ORDERED to show cause on or before March 6, 2018, why he should not be barred from proceeding in forma pauperis pursuant to the three strikes rule.(Signed by Magistrate Judge Jason B Libby) Parties notified.(amireles, 2)

United States District Court
Southern District of Texas

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
DONALD RAY WILLIAMS SR,
Petitioner,
VS.
LORIE DAVIS,
Respondent.

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ENTERED
February 14, 2018
David J. Bradley, Clerk

CIVIL ACTION NO. 2:18-CV-47

ORDER
This case was originally filed as a Petition for a Writ of Habeas Corpus pursuant to 28
U.S.C. § 2254. (D.E. 1). While inmate Donald Ray Williams uses the standard form for filing
a habeas petition, upon review, the Court finds Mr. Williams is not seeking habeas relief.
Rather, Mr. Williams is seeking relief on a variety of civil rights claims. (D.E. 1, Page 12).
The Court further notes Mr. Williams has accumulated 13 strikes for filing frivolous lawsuits
as an inmate and appears to be attempting to circumvent the three strikes bar to proceed in
forma pauperis. Pursuant to the three strikes rule, 28 U.S.C. 1915(g), a prisoner who has had,
while incarcerated, three or more actions or appeals dismissed as frivolous, malicious, or for
failure to state a claim upon which relief can be granted is prohibited from bring any more
actions or appeals in forma pauperis. Additionally, Mr. Williams has received at least three
monetary sanctions for, among other things, filing documents written in blood. See In re:
Donald Ray Williams, No. 6:98-mc-29 (E.D. Tex. June 1, 1998) (Order issuing $100.00
sanction for sending dried blood); see also In re: Donald Ray Williams, No. 6:98-mc-30 (E.D.
Tex. June 1, 1998) (same); see also Williams v. Johnson, No. 6:98-cv-112 (E.D. Tex. May 21,
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1999) (Order issuing $50.00 sanction for attempting to circumvent previous sanctions and
$75.00 sanction for sending “food loaf” and “dental hygenic items” to the court).
The Court construes this action as a prisoner civil rights action filed pursuant to 42
U.S.C. § 1983. Therefore, Mr. Williams is ORDERED to pay the $400.00 filing fee in full on
or before March 6, 2018 or to file a fully completed motion to proceed in forma pauperis. In
the event Mr. Williams moves to proceed in forma pauperis, Mr. Williams is further
ORDERED to show cause on or before March 6, 2018, why he should not be barred from
proceeding in forma pauperis pursuant to the three strikes rule. If Mr. Williams fails to
comply with this Order, the Court may dismiss this case for want of prosecution. Fed. R. Civ.
P. 41(b).
ORDERED this 14th day of February, 2018.

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Jason B. Libby
United States Magistrate Judge

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