Beckett v. University Of Texas Medical Branch- TDCJ Managed Care et al

Filing 24

ORDER denying 4 Motion for Partial Summary Judgment; denying 5 Motion; denying 8 Motion for Temporary Restraining Order; denying 10 Motion to Amend; denying 13 Motion; denying 19 Motion to Amend; denying 21 Motion to Compel.(Signed by Judge George C Hanks, Jr) Parties notified.(agould, 3)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
RICKY WAYNE BECKETT,
Plaintiff,
VS.
UNIVERSITY OF TEXAS MEDICAL
BRANCH- TDCJ MANAGED CARE, et
al,
Defendants.

January 05, 2018
David J. Bradley, Clerk

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§ CIVIL ACTION NO. 3:17-CV-168
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ORDER
Ricky Wayne Beckett (TDCJ #01883225) has brought an action under 42 U.S.C. §
1983 in which he alleges that the defendants have improperly deducted co-pay charges
from his inmate trust fund account (Dkt. 1). Since he filed his original complaint, Beckett
has filed a host of voluminous letters and pleadings that are apparently unrelated to the
allegedly improper fund deduction. Beckett is advised that, by attempting to include in
this lawsuit claims that stem from events unrelated to the allegedly improper fund
deduction discussed in his original complaint, he is in violation of Federal Rules of Civil
Procedure 18 and 20, which set out the limits on joinder of claims and parties. The Fifth
Circuit has discouraged the “creative joinder of actions” by prisoners attempting to
circumvent the fee-payment and three-strikes provisions of the Prison Litigation Reform
Act. See Patton v. Jefferson Correctional Center, 136 F.3d 458, 464 (5th Cir. 1998). If
Beckett wishes to bring lawsuits arising from events unrelated to the allegedly improper
fund deduction discussed in his original complaint, he needs to file separate civil
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complaints discussing those events, accompanied by either separate applications to
proceed in forma pauperis or separate full filing fees. The Court will only consider filings
in this case that relate to the allegedly improper fund deduction discussed in Beckett’s
original complaint.
The Court has granted Beckett’s application for leave to proceed in forma
pauperis and has ordered the defendants named in Beckett’s original complaint to answer
the allegations related to the deduction of co-pay charges from Beckett’s inmate trust
fund account. All other motions that are pending in this case are DENIED.
The Clerk will provide a copy of this order to the parties.
SIGNED at Galveston, Texas, this 5th day of January, 2018.
___________________________________
George C. Hanks Jr.
United States District Judge

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