Broussard v. Rivers
MEMORANDUM OPINION AND ORDER denying 2 Application to Proceed In Forma Pauperis, dismissing without prejudice 1 Complaint. (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
United States District Court
Southern District of Texas
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
November 02, 2015
David J. Bradley, Clerk
A. RIVERS, Head Mail Clerk,
CIVIL ACTION NO. H-15-3175
MEMORANDUM OPINION AND ORDER
Plaintiff Lee Broussard (TDCJ #367732) is an inmate in custody
Institutions Division ("TDCJ").
Broussard has filed a Complaint
alleging violations of his civil rights (Docket Entry No. 1) .
has also filed an Application to Proceed In Forma Pauperis (Docket
Entry No. 2).
After reviewing all of the pleadings as required by
the court concludes that this
case must be
dismissed for reasons explained briefly below.
Broussard is presently confined by TDCJ at the Holliday Unit
in Huntsville, Texas. 1
Broussard sues A. Rivers, who is employed
by TDCJ as the Head Mail Clerk at the Holliday Unit. 2
Complaint, Docket Entry No. 1, p. 3.
seeks compensatory and punitive damages because mailroom personnel
allegedly opened a
A national case index reflects that at least three prisoner
civil actions or appeals filed by Broussard have been dismissed by
federal courts as frivolous or for failure to state a claim upon
which relief may be granted.
See Broussard v.
No. 6:96-261 (W.D. Tex. Dec. 10, 1996); Broussard v. Evans, Civil
No. 6:95-399 (W.D. Tex. July 15, 1996); Broussard v. Evans, Appeal
No. 96-50603 (5th Cir. Dec. 30, 1996).
Broussard thus has at least
appeals prior to filing the present action.
Under the "three-strikes" rule found in 28 U.S.C.
a prisoner is not allowed to bring a civil action in forma pauperis
in federal court if, while incarcerated, three or more of his civil
actions or appeals were dismissed as frivolous or malicious or for
failure to state a claim upon which relief may be granted unless he
is in "imminent danger of serious physical injury."
1915(g); Adepegba v. Hammons, 103 F.3d 383, 385 (5th Cir. 1996).
imminent danger of serious physical injury exists at the time the
plaintiff seeks to file his complaint.
883, 885 (5th Cir. 1998).
Id. at 4.
Banos v. O'Guin, 144 F.3d
The allegations made by Broussard do not show that he is under
Because he does not come within the exception to the
three-strikes rule, Broussard is not eligible to proceed without
prepayment of the filing fee, and this case will be dismissed for
Conclusion and Order
Based on the foregoing, the court ORDERS as follows:
The Application to Proceed In
(Docket Entry No. 2) is DENIED.
Plaintiff's Complaint Under the Civil Rights Act,
42 U.S.C. § 1983 (Docket Entry No. 1) is DISMISSED
without prejudice pursuant to 28 U.S.C. § 1915(g).
Plaintiff may refile his Complaint if he pays the
filing fee ($400.00) within thirty days of the date
of this Memorandum Opinion and Order.
The Clerk will provide copies of this Memorandum Opinion and
Order to the parties; to the TDCJ - Office of the General Counsel,
Capitol Station, Austin,
2159; and to the Clerk of the United States District Court for the
Tyler, Texas 75702, Attention:
Manager of the Three-Strikes List.
SIGNED at Houston, Texas, on this 2nd day of November, 2015.
UNITED STATES DISTRICT JUDGE
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