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)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
HENRY PIKE,
TDCJ NO. 557981,
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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)
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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,
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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
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