Gilbert v. Livingston et al

Filing 6

Opinion on DISMISSAL. Case terminated on 5/28/2015.(Signed by Judge Lynn N. Hughes) Parties notified.(amwilliams, 4)

UNITED STATES DISTRICT COURT

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STEVEN DWAYNE GILBERT,
TDCJ 423646,
Plaintiff,

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versus
BRAD LIVINGSTON,

SOUTHERN DISTRICT OF TEXAS

et al.,
Defendants.

CIVIL ACTION H-15-1319

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Opinion on Dismissal
Steven Dwayne Gilbert sues for civil rights violations. He is held in prison. Gilbert has not
paid the filing fee. He has sued fourteen times in the federal courts in Texas. The district court
dismissed three of his lawsuits as frivolous or for failure to state a claim. See Gilbert v. Jasper

County Law Enforcement Center, No.1 :90-905 (E.D. Tx.); Gilbert v. Livingston, et aI., No. 4:15370 (S.D. Tx.); and Gilbert v. Stacks, et aI., No. 9:05-cv-24 (E.D. Tx.). When Gilbert sued in those
cases, he was in prison. The court had dismissed these other cases before Gilbert filed this case.
A prisoner may not bring a case in federal court as a pauper if, while in prison, he brought
three actions that were dismissed as frivolous or for failure to state a claim, unless he is under
imminent danger of serious physical injury. 28 U.S.C. § 1915(g).
Gilbert's allegations do not show that he is under imminent danger of serious physical injury.
This complaint is dismissed. Gilbert may refile his complaint on paying the filing fee.

Signed

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d-Z

,2015, at Houston, Texas,

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Lynn N
United States District Judge