Jones v. City of Houston, Texas
Filing
14
MEMORANDUM OPINION AND ORDER denying 13 MOTION To Halt, denying 11 MOTION Prohibit, denying 12 MOTION to Transfer Case to Supreme Court. The Clerk of Court is ordered not to accept any other filings from Petitioner labeled as a habeas corpus action unless he provides proof in the form of an affidavit from a warden or custodial official that he is in custody. (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
SAMMIE JONES,
§
§
§
§
§
§
§
§
§
Petitioner,
v.
CITY OF HOUSTON, TEXAS,
Respondent.
CIVIL ACTION NO. H-13-2041
MEMORANDUM OPINION AND ORDER
Petitioner, Sammie Jones, filed a petition for writ of habeas
corpus
(Docket Entry No.1)
alleging that
violated his constitutional rights.
the City of Houston
Because the handwritten pro se
petition does not allege that Jones was in custody and does not
state any facts that could entitle Jones to habeas relief or relief
for
any other recognizable
federal
entered an Order on July 12,
amended
application
for
cause of
2013,
habeas
action,
the
requiring Jones to file an
corpus
within
twenty
days
setting out the requirements of the amended application
Docket
Entry No.3).
Subsequently,
court
the
court
and
(Order,
granted Jones'
motions for extension of time and extended the date for compliance
with the court's earlier Order to August 26, 2013, and later
September 17, 2013.
(Docket Entry Nos. 5 and 7)
to
Jones has failed
to file an amended application as required by the court's earlier
orders.
Instead
l
he has filed a Motion to Transfer this case to
the United States Supreme Court (Docket Entry No. 12) and a Motion
to Halt
(Docket Entry No.
13)
asking that
the
court halt
all
proceedings until ruling on his Motion to Transfer.
Al though Jones is proceeding pro se
he is nevertheless bound
1
by the requirements of the Federal Rules of Civil
Because Jones
l
Procedure.
habeas petition fails to state that he is in custody
and fails to contain a short and plain statement of the grounds for
the court/s jurisdiction or a short and plain statement of Jones
claims
showing that
Rule 8(a) (1)
and (2)1
he
is
entitled to
relief 1
as
l
required by
the court concludes that he has failed to
state a claim for relief.
Because Jones has failed to comply with
the court/s Order (Docket Entry No.3)
the court also concludes
1
that this action is subject to dismissal pursuant to Rule 41(b)
AccordinglYI this action will be dismissed with prejudice.
Jones has a history of filing frivolous lawsuits.
Jones v.
United States of America
(Memorandum and Order of Dismissal
Sammie Jones v.
Service
Civil
l
Dismissal
Action
l
No.
Civil Action No.
l
l
Docket
Entry No.
See Sammie
H-04-2527
13)
1
and
Texas Workforce Commission and Internal Revenue
Action No.
H-04-3335
Docket Entry No.7);
H-11-465
(Dismissal
Although Jones is not a prisoner
l
(Memorandum
Jones v.
Order
Order
State of Texas
Docket
l
and
Entry
1
of
Civil
No.5).
it appears that he may have filed
this action as a habeas action to avoid paying a filing fee and to
avoid the effect of 28 U.S.C.
§
1915(g)
-2-
1
which prevents a pro se
plaintiff in a prisoner civil rights action from proceeding in
forma pauperis if three or more prior suits have been dismissed as
frivolous
Center
136 F. 3d 458
I
See
or malicious.
I
464
Patton v.
Jefferson Correctional
(5th Cir. 1998).
Prisoners who have
been barred from filing civil rights complaints have utilized this
tactic in an effort to avoid sua sponte dismissal.
Newsome
v.
Dismissal,
Dretke,
Civil
Action
Docket Entry No.2)
i
No.
H-04-3098
Sharpless v.
A.
See,
~,
(Memorandum on
Officer,
Action No. H-01-1861 (Order of Dismissal, Docket Entry No.2)
Civil
The
Clerk of Court is therefore ORDERED not to accept any other filings
from Jones labeled as a habeas corpus action unless at the time of
filing Jones provides proof in the form of an affidavit from the
warden or other custodial official that he is in custody.
Absent
such proof the Clerk is ORDERED to return the filing to Jones and
not to docket it.
Jones' Motion to Prohibit
(Docket Entry No. 11), Motion to
Transfer (Docket Entry No. 12), and Motion to Halt
(Docket Entry
No. 13) are DENIED.
The Clerk will send a copy of this Memorandum Opinion and
Order to Jones and to the City Attorney for the City of Houston.
SIGNED at Houston, Texas, on this 2nd day of October, 2013.
UNITED STATES DISTRICT JUDGE
-3-
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