Young v. McMullen et al

Filing 6

ORDER OF DISMISSAL 3 MOTION to Compel Defendants to provide hygeine supplies, is DENIED 2 MOTION/APPLICATION to Proceed In Forma Pauperis is DENIED. Case terminated on 4/16/18 Email sent to Manager of Three Strikes List. (Signed by Judge George C Hanks, Jr) Parties notified.(ltrevino, 3)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
ALLEN YOUNG a/k/a BRITTNEY
YOUNG, TDCJ # 01412493
Plaintiff,
VS.
VIRGIL G MCMULLEN, et al,
Defendants.

April 16, 2018
David J. Bradley, Clerk

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§ CIVIL ACTION NO. 3:18-CV-107
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ORDER OF DISMISSAL
The plaintiff, Allen Young, also known as “Brittney” (TDCJ #01412493), is
presently incarcerated by the Texas Department of Criminal Justice – Correctional
Institutions Division (“TDCJ”) at the Ramsey I Unit in Rosharon. Young, who selfidentifies as a “pseudo-male hermaphrodite with working female genitalia,” has filed a
civil rights complaint under 42 U.S.C. § 1983, alleging that Warden Virgil McMullen and
the University of Texas Medical Branch (“UTMB”) John Sealy Hospital in Galveston
have failed to provide “female sanitary pads and pantys [sic]” during Young’s monthly
menstrual cycles.

Young requests leave to proceed with this civil action without

prepayment of the filing fee (Dkt. 2). That request will be denied and this case will be
dismissed without prejudice at this time for reasons explained briefly below.
Because Young is incarcerated, this case is governed by the Prison Litigation
Reform Act (the “PLRA”), which was enacted, in part, to prevent prisoners from abusing
the privilege of proceeding in forma pauperis. See Adepegba v. Hammons, 103 F.3d 383,
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387 (5th Cir. 1996). Under the “three-strikes” rule established by the PLRA, a prisoner is
not allowed to bring a civil action in forma pauperis in federal court if, while
incarcerated, three or more of his civil actions or appeals were dismissed as frivolous,
malicious, or for failure to state a claim upon which relief may be granted, unless he is in
“imminent danger of serious physical injury.” 28 U.S.C. § 1915(g); Adepegba, 103 F.3d
at 385. To fit within that exception, a prisoner must demonstrate that imminent danger of
serious physical injury exists at the time the plaintiff seeks to file his complaint. Banos v.
O’Guin, 144 F.3d 883, 885 (5th Cir. 1998).
Court records reflect that Young has previously filed several civil actions in the
federal district courts while incarcerated.

At least four of those actions have been

dismissed as frivolous or for failure to state a claim: (1) Young v. Adams, Civil No. W09-259 (W.D. Tex. March 10, 2010); (2) Young v. University of Texas Medical Branch
Correctional Health Care, Civil No. 6:11-363 (E.D. Tex. Jan. 30, 2012); (3) Young v.
Allen, Civil No. 6-11-596 (E.D. Tex. April 9, 2012); and (4) Young v. Balogun, Civil No.
6:12-553 (E.D. Tex. Sept. 10, 2012). As a result, Young has accumulated more than
three strikes for purposes of § 1915(g).1
Young seeks injunctive relief in the form of an order directing prison officials at
the Ramsey I Unit to provide “feminine hygiene” supplies, but his complaint indicates
that Young has not previously attempted to exhaust administrative grievance procedures
in place at the prison (Dkt. 1, p. 3). Young does not otherwise allege facts showing that

Although the form complaint asks for plaintiff’s previous litigation history, Young does
not mention any of these cases (Dkt. 1, p. 2).
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there is any imminent danger of serious physical injury in this case or that the exception
found in § 1915(g) applies. Accordingly, this action will be dismissed without prejudice
as barred by the three-strikes rule.
Based on the foregoing, the Court ORDERS as follows:
1. The motion for leave to proceed in forma pauperis filed by plaintiff Allen
Young (Dkt. 2) is DENIED.
2. Young’s motion to compel the defendants to provide female sanitary pads and
other items (Dkt. 3) is also DENIED.
3. This case is DISMISSED without prejudice to re-filing upon payment of the
full filing fee ($400.00).
The Clerk is directed to provide a copy of this Order to the plaintiff. The Clerk
will also provide a copy of this Order by email to the Manager of the Three-Strikes List
for the Southern District of Texas at: [e-mail].
The Clerk will provide a copy of this Order to the plaintiff.
SIGNED at Galveston, Texas, this 16th day of April, 2018.
___________________________________
George C. Hanks Jr.
United States District Judge

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