Azzeem v. Quarterman et al

Filing 4

OPINION ON DISMISSAL This case is DISMISSED. All pending motions are DENIED.(Signed by Judge Melinda Harmon) Parties notified.(htippen, )

Azzeem v. Quarterman et al

Doc. 4

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION AHMED ABDUL AZZEEM, a/k/a ROBERT THOMAS, JR., TDCJ-CID NO.190254, Plaintiff, v. NATHANIEL QUARTERMAN, et al., Defendants. } } } } } } } }

CIVIL ACTION H-09-0432

OPINION ON DISMISSAL Plaintiff, a state inmate incarcerated in the Texas Department of Criminal Justice­ Correctional Institutions Division, has filed a civil rights complaint pursuant to 42 U.S.C. § 1983. (Docket Entry No.1). Given plaintiff's litigation history, the Court presumes that he intends to proceed in forma pauperis. A prisoner, however, cannot file a civil action in forma pauperis in federal court if, on three or more prior occasions, while incarcerated, he brought an action that was dismissed for being frivolous, malicious, or failing to state a claim upon which relief may be granted. 28 U.S.C. § 1915(g). The only exception to revocation of an inmate's privilege to proceed in forma pauperis is if he is in imminent danger of serious physical harm. Banos v. O'Guin, 144 F.3d 883, 884 (5th Cir. 1998). Plaintiff's complaint does not indicate that he is in imminent danger. Plaintiff's litigation history reveals that he falls within the provisions of section 1915(g). See Azzeem v. Director of TDCJ, Civil Action No.H-09-274 (S.D. Tex. Feb. 5, 2009). Accordingly, it is ORDERED that this complaint is DISMISSED under 28 U.S.C. § 1915(g). All pending motions are further DENIED.

1

Dockets.Justia.com

The Clerk will provide a copy of this order to the plaintiff and a copy by facsimile transmission, regular mail, or e-mail to the TDCJ - Office of the General Counsel, Capitol Station, P.O. Box 13084, Austin, Texas, 78711, Fax: [phone], and the District Clerk for the Eastern District of Texas, 211 West Ferguson, Tyler, Texas 75702, Attention: Manager of the Three-Strikes List. SIGNED at Houston, Texas, this 16th day of April, 2009.

___________________________________ MELINDA HARMON UNITED STATES DISTRICT JUDGE

2