Mobley III v. Davis et al

Filing 16

AMENDED ORDER; the March 16, 2018 Order Dkt. 13 is VACATED and this Amended Order is substituted in its place based on the certified inmate trust account statement provided by the plaintiff. Copies mailed to Office of General Counsel and to Inmate Trust Fund via reg. mail.(Signed by Judge George C Hanks, Jr) Parties notified.(dperez, 3)

United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
MELVIN MOBLEY,
TDCJ #01502681,
Plaintiff,
VS.
JOSEPH DAVIS, et al.,
Defendants.

March 29, 2018
David J. Bradley, Clerk

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§ CIVIL ACTION NO. 3:18-CV-0039
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AMENDED ORDER

The plaintiff, Melvin Mobley (TDCJ #01502681), has filed a civil rights
complaint under 42 U.S.C. § 1983, concerning the conditions of his confinement in the
Texas Department of Criminal Justice – Correctional Institutions Division. He is pro se
and he has filed motions for appointment of counsel (Dkt. 2), leave to proceed in forma
pauperis (Dkt. 3), and leave to seek discovery in the form of interrogatories (Dkt. 12).
The Court entered an Order granting the plaintiff’s application for leave to proceed in
forma pauperis on March 16, 2018 (Dkt. 13), but inadvertently referenced another
inmate’s TDCJ number.

Accordingly, the March 16, 2018 Order (Dkt. 13) is

VACATED and this Amended Order is substituted in its place based on the certified
inmate trust account statement provided by the plaintiff:
1.

The plaintiff’s application for leave to proceed in forma pauperis (Dkt. 3) is

GRANTED.

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2.

The plaintiff is not assessed an initial partial filing fee because his

supporting documentation shows that he does not have any funds.
3.

The plaintiff shall pay the balance of the filing fee ($350.00) in periodic

installments as required by 28 U.S.C. § 1915(b). When funds are available, the agency
shall collect this amount from inmate trust fund account belonging to the plaintiff, Melvin
Mobley (TDCJ #01502681), and forward it to the Clerk.
4.

The plaintiff is responsible for signing all consents and other documents

required by the agency having custody of him to authorize the necessary withdrawal from
his inmate trust account.
5.

No requests for counsel will be considered and all discovery is stayed until

after the Court screens the complaint under 28 U.S.C. § 1915A, which requires the Court
to scrutinize the pleadings and dismiss the case if it is frivolous, malicious, fails to state a
claim upon which relief may be granted or seeks monetary damages from a defendant
who is immune from such relief. See also 28 U.S.C. § 1915(e)(2)(B). Therefore, the
plaintiff’s motion for appointment of counsel (Dkt. 2) and his request for leave to conduct
discovery (Dkt. 12) are DENIED.
6.

No amendments or supplements to the complaint will be filed without prior

Court approval. A complete amended complaint will be attached to any motion to
amend. Any pleadings or other papers filed in violation of these directives, including any
pleadings or other papers which contain any new claims or any new factual allegations
not already explicitly raised in: (1) the original complaint, (2) any court approved
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amendments or supplements to the original complaint, or (3) in response to an Order for
More Definite Statement, shall automatically be STRICKEN from the record without
further notice and will be of no force or effect in this lawsuit. Any pleadings or other
papers filed in violation of these directives in this paragraph may also subject the plaintiff
to other sanctions, including the dismissal of this suit for failure to comply with court
orders, if appropriate.
7.

The plaintiff must notify the court of any change of address by filing a

written notice of change of address with the Clerk. Failure to file such notice may result
in this case being dismissed for want of prosecution.
NOTICE TO THE PLAINTIFF:
A.

Although you have been granted permission to proceed as a pauper, you

must pay the full filing fee when funds are available under 28 U.S.C. § 1915(b). If you
do not wish to pay the full filing fee you must notify the court in writing, by letter or
motion, advising that you do not wish to prosecute this civil action. Your notice must be
received by the Court within 30 days of the date of this order.
B.

Payment of all or any part of the full filing fee will not prevent dismissal of

the complaint if it is frivolous or malicious, fails to state a claim upon which relief may
be granted, or seeks monetary relief from a defendant who is immune from such relief. If
the case is dismissed on any of those grounds before payment of the entire filing fee, the
plaintiff must still pay the entire filing fee. When a prisoner has had three or more prior
actions or appeals dismissed for being frivolous or malicious or failing to state a claim
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upon which relief may be granted, federal law prohibits the prisoner from bringing any
more actions or appeals in forma pauperis unless the plaintiff is in imminent danger of
serious physical injury. See 28 U.S.C. § 1915(g).
C.

State law requires the forfeiture of good conduct time credits as a sanction

for any state or federal lawsuit brought by an inmate while in the custody of the Texas
Department of Criminal Justice, or confined in county jail awaiting transfer to TDCJ, that
is dismissed as frivolous or malicious. See TEX. GOV’T CODE ANN. § 498.0045. This
sanction extends to frivolous proceedings arising from an application for writ of habeas
corpus if brought for the purpose of abusing judicial resources. See id. § 498.0045(a).
The Clerk of Court will send a copy of this Amended Order to the plaintiff and
will also provide a copy of this order to (1) the TDCJ - Office of the General Counsel,
Capitol Station, P.O. Box 13084, Austin, Texas, 78711, Fax: [phone]; and (2) the
Inmate Trust Fund, P.O. Box 629, Huntsville, Texas 77342-0629, Fax: [phone].
SIGNED at Galveston, Texas, this 29th day of March, 2018.
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George C. Hanks Jr.
United States District Judge

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