Thompson v. Garcia et al
Filing
6
OPINION ON DISMISSAL. (Signed by Judge Ewing Werlein, Jr) Parties notified.(rosaldana, 4)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
LAWRENCE EDWARD THOMPSON,
(A/K/A MUSTAFA AL-AMIN
FEDAYEEN-FARD)
Plaintiff,
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v.
ADRIAN GARCIA, et al.,
Defendants.
CIVIL ACTION NO. H-13-3212
OPINION ON DISMISSAL
Plaintiff Lawrence
Edward Thompson
(A/K/A Mustafa AI-Amin
Fedayeen-Fard), an inmate confined at the Harris County jail, filed
this civil rights suit under 42 U.S.C.
§
1983.
Plaintiff also
filed a motion to proceed in forma pauperis under 28 U.S.C.
(Docket No.2.)
§
1915.
Plaintiff's Complaint (Docket No.1) alleges that
jail officials subjected Plaintiff to cruel and unusual punishment
in
violation
of
the
Eighth
Amendment
by
excessively
air
conditioning his cell, not allowing him to cover the ventilation
duct, and not providing him with extra clothing when he complained
of being too cold.
Under 28 U.S.C.
§
1915 (g),
a prisoner 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,
claim upon which relief may be granted.
or failing to state a
The only exception to this
revocation of an inmate's privilege to proceed in forma pauperis is
if he is in immediate danger of serious physical harm.
Banos v.
O'Guin, 144 F.3d 883, 884 (5th Cir. 1998).
Plaintiff is clearly subject to the three-strikes bar under
Section 1915(g) because his litigation history reveals that he has
previously filed numerous cases in the federal courts that were
dismissed as frivolous or failing to state a claim.
Fard v. Turner, Cause No.
2010)
4:10-cv-861
See Fedayeen-
(S.D. Tex., filed Mar. 15,
(Memorandum on Dismissal (Docket No.4), noting Plaintiff had
filed at least thirty-four federal lawsuits and was barred by the
Fifth
Circuit
Moreover,
from
further
Plaintiff's
filing
present
without
complaint
does
prior
permission).
not
allege
facts
showing that he is in immediate danger of serious physical harm.
Although Plaintiff alleges that the temperature in his cell is
uncomfortably
cold
"osetoarthritis,
at
chronic
times
and
sinus
illnesses," these allegations are
that
problems,
he
suffers
asthma
insufficient to
and
from
other
overcome the
three-strikes bar.
Accordingly,
under 28 U.S.C.
§
it is ORDERED that this complaint is DISMISSED
1915(g).
Any pending motions are further DENIED.
The Clerk will provide a copy of this Order to Plaintiff and
to the Clerk of the United States District Court for the Eastern
2
District of Texas, Tyler Division, 211 West Ferguson, Tyler, Texas,
75702, Attention: Betty
Manager.
~~_--=-----JJ-----3'31E.....L..1_,
SIGNED at Houston, Texas,
IN
3
2014.
WERLEIN, JR.
ATES DISTRICT JUDGE
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