Perry v. Strong et al

Filing 6

OPINION on Dismissal. (Signed by Judge Lynn N. Hughes) Parties notified. (ghassan, )

BRUCE
LEROY
PERRY,
Plaintiff,
Civil Action 10-5185

versus
KELLY STRONG, al.,
L.
et
Defendants.

Opinion on Dismissal
Bruce Leroy Perry sues Texas prison officials and officers Warden Kelly Strong, Asst.
Warden Kirt D. Stiefer, L. Montel, William A. Pendergraff, Laura B. Carter, and Robin S. Staples
j
for civil rights violations under 42 U.S.C. t 1983. He moves to proceed as a pauper. Perry is held

in a Texas prison.
Perry's claims follow. The district court in the Northern District of Texas had ordered Perry
to comply with one of its ruling in case number 4:08-cv-028. Perry tried to get supplies from prison
officers to comply with the court's ruling. Despite the federal court order, the officers completely
prevented him from gaining the supplies and postage he needed to follow the order. This denied
Perry access to the courts in violation of the first amendment. Perry seeks an order from this court
that he be allowed to re-file his pleadings in the Northern District of Texas.
This court cannot grant relief in another case in a different federal court. A district court
cannot grant injunctive relief against another district court. Mullis v. United States Bankruptcy
Court, 828 F.2d 1385, 1392-93 (9th Cir. 1987). That would be like a "horizontal appeal from one
district court to another," which is improper. Id. The proper remedy for Perry's complaint about his
f
lawsuit is the appellate process, not a new lawsuit. Mason v. Judges ofthe United States Court o
Appeals, 952 F.2d 423,426 (D.C. Cir. 1991).
This case will be dismissed. Perry's motion to proceed as a pauper (2) is granted. The
Texas Department of Criminal Justice-Institutional Division will deduct 20% of each deposit made
to the plaintiffs inmate trust account and pay this to the court regularly, provided the account

exceeds $10, until the $350 filing fee is paid. The clerk will send a copy to the Inmate Trust Fund,
P.O. Box 629, Huntsville, Texas 77342-0629, Fax: [phone] and to the Clerk for the Eastern

District of Texas, 21 1 West Ferguson, Tyler, Texas 75702, Three-Strikes List.
h

Signed

tlbWU2q.q
J-

,201 1, at Houston, Texas.

Lynn N. Hughes
United States District Judge