Sutherland v. Stephens et al

Filing 10

OPINION ON DISMISSAL. Plaintiff's allegations do not show that he is under imminent danger of serious physical injury. This complaint is DISMISSED. Plaintiff may refile his complaint on paying the filing fee. (Signed by Judge Lynn N. Hughes) Parties notified. (wbostic, 4)

UNITED STATES DISTRICT COURT

RONALD DAVID SUTHERLAND,
TDCJ 1650667,

Plaintiff,
versus

eta/.,
Defendants.

WILLIAM STEPHENS,

SOUTHERN DISTRICT OF TEXAS

§
§
§
§
§
§
§

CIVIL ACTION H-15-2186

Opinion on Dismissal
Ronald David Sutherland sues for civil rights violations. He is held in prison. Sutherland
has not paid the filing fee. He has sued eighteen 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 Sutherland v.

Diaz, et al., No. 2:97-294 (S.D. Tx.) citing Sutherland v. Lynaugh, No. 2:94-493 (S.D. Tx.);
Sutherland v. Lynaugh, et al., No. 4:94-4412 (S.D. Tx.); and Sutherland v. Larson, et al., No.
6:1994-cv-684 (E.D. Tx.). When Sutherland sued in those cases, he was in prison. The court
dismissed these other cases before Sutherland 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).
Sutherland's allegations do not show that he is under imminent danger of serious physical
injury. This complaint is dismissed. Sutherland may refile his complaint on paying the filing fee.

Signed October

4·

2015, at Houston, Texas.

.Jk---

-os N. Hughes
Lynn

United States District Judge