Pike v. Livingston et al

Filing 3

MEMORANDUM OPINION AND ORDER dismissing with prejudice 1 Complaint. (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION HENRY PIKE, TDCJ NO. 557981, § § § § § § § § § § Plaintiff, v. BRAD LIVINGSTON, et al., Defendants. CIVIL ACTION NO. H-14-3372 MEMORANDUM OPINION AND ORDER Henry Pike, a TDCJ inmate incarcerated in the Allred Unit located near Wichita, Texas, has filed a civil rights complaint alleging that he has been compelled to work without compensation and has been required to pay an annual fee for health care services although he is allegedly an indigent inmate. filing fee. Pike has not paid the Pike filed a lawsuit raising the same claims, which is pending in the Wichita Falls Division of the Northern District of Texas. Pike v. State of Texas, No. 7:12cv0123 (N.D. Tex.). The Northern District Court issued an order staying that action because there was a requirement. 2011). pending appeal concerning TDCJ's medical fee Id., citing Morris v. Perry, No. 1:11cv739 (W.D. Tex. The United States Court of Appeals for the Fifth Circuit subsequently issued an opinion upholding the constitutionality of TDCJ's policy of requiring inmates to pay an annual fee for health care services. Morris v. Livingston, 739 F.3d 740 (5th Cir. 2014). Allowing Pike to proceed with the instant action would be redundant and an impermissible waste of judicial resources. Mayfield v. Collins, 918 F.2d 560, 561-62 (5th Cir. 1990) See A prisoner's civil rights suit is malicious as a matter of law and is subject to dismissal if the suit raises claims that are duplicative of a prior suit filed by the same prisoner in federal court. Pittman v. Moore, 980 F.2d 994, 994-95 (5th Cir. 1993). See See also Blakely v. Evans, 574 F. App'x 420 (5th Cir. June 30, 2014), citing Pittman. Moreover, Pike's claims have no legal basis. As stated above, TDCJ may charge inmates fees for medical services as long as the inmates are not denied care on the basis that they are unable to pay. See Morris, 739 F.3d at 748-749. The Constitution guarantees prisoners the right to basic medical care, but it does not prohibit custodial officials services. rd., compelled Thirteenth seeking reimbursement citing City of Revere v. Hospital, 103 S. Ct. being from to Amendment 2979, work 2984 (1983) without does not for providing Massachusetts General Pike's complaint about pay is also apply to incarcerated baseless. The felons. Williams v. Henagan, 595 F.3d 610, 621-622 (5th Cir. 2010). Pike does not have a right to be paid for the work he has done in prison. Loving v. Johnson, 455 F.3d 562, 563 (5th Cir. 2006) This prisoner action shall malicious under 28 U.S.C. § be dismissed as 1915(e) (2) (B) (i) -2- frivolous and Wilson v. Lynaugh, 878 F.2d 846 (5th Cir. 1989) dismissed under § (in forma pauperis complaints may be 1915 if they attempt to relitigate claims that have already been submitted by the plaintiff and rejected by the courts), citing Bailey v. Johnson, 846 F.2d 1019 (5th Cir. 1988). Pike has not filed an application to proceed in forma pauperis, and he is therefore obligated to pay the entire filing fee ($350. 00) under 28 U. S. C. § 1915 (b) whenever prisoner civil rights complaint in federal court. Nettles, 201 F.3d 651 (5th Cir. 2000). he files a See Hatchet v. The Inmate Trust Fund of the Texas Department of Criminal Justice shall deduct 20% of each deposit made to Pike's account (No. 557981) and forward the funds to the Clerk on a regular basis, in compliance with the provisions of 28 U.S.C. § 1915 (b) (2), until the fee has been paid. Conclusion Accordingly, the court ORDERS as follows: 1. Pike's Complaint Filed Under the Civil Rights Act, 42 U.S.C. § 1983 (Docket Entry No.1) is DISMISSED WITH PREJUDICE as frivolous and malicious. 28 U.S.C. § 1915{e) (2) (b) (i). 2. The TDCJ Inmate Trust Fund shall collect the filing fee and forward it to the court as provided in this Memorandum Opinion and Order. 3. The Clerk is directed to provide a copy of this Memorandum Opinion and Order to the partiesi the TDCJ - Office of the General Counsel, P.O. Box 13084, Austin, Texas 78711, Fax Number 512-9362159i the Clerk of the United States District Court for the Eastern District of Texas, Tyler Division, -3- 211 West Ferguson, Tyler, Texas 75702, Attention: Manager of the Three-Strikes List i and the TDCJ Inmate Trust Fund, P.O. Box 60, Huntsville, Texas 77342-0060. SIGNED at Houston, Texas, on this 4th day of December, 2014. 7 SIM LAKE UNITED STATES DISTRICT JUDGE -4-

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