Young v. Harris County Jail Classification et al
Filing
4
MEMORANDUM OPINION AND ORDER dismissing without prejudice 1 Complaint, denying 2 APPLICATION to Proceed In Forma Pauperis (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
United States District Court
Southern District of Texas
ENTERED
April 29, 2016
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
JAVARROW YOUNG
SPN #2426649,
§
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§
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§
I
Plaintiff,
V.
HARRIS COUNTY JAIL
CLASSIFICATION, et al.,
Defendants.
David J. Bradley, Clerk
CIVIL ACTION NO. H-16-1150
MEMORANDUM OPINION AND ORDER
Plaintiff,
Javarrow Young
(SPN #2426649),
custody of the Harris County Jail.
Under 42 U.S.C.
§
is an inmate in
Young has filed a Complaint
1983, Civil Rights Act
("Complaint"), alleging
that the defendants failed to protect him from assault by other
inmates on March 23, 2016 (Docket Entry No. 1, p. 4).
filed an Application to Proceed In Forma Pauperis
No.
2).
U.S. C.
He has also
(Docket Entry
After reviewing all of the pleadings as required by 28
§
1915A,
the
court
concludes
that
this
case
should be
dismissed for reasons explained briefly below.
I.
Discussion
Under the "three-strikes" rule found in 28 U.S.C.
§
1915(g),
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."
u.s.c.
28
§ 1915(g); Adepegba v. Hammons, 103 F.3d 383, 385 (5th Cir. 1996).
A national case index reflects that at least three prisoner
civil actions filed by Young have been dismissed by federal courts
for failure to state a claim upon which relief may be granted.
Young v. Anderson,
Civil No. H-15-1052
(S.D.
Tex. May 8,
See
2015);
Young v. Anderson, et al., Civil No. H-15-877 (S.D. Tex. April 28,
2015); Young v. Anderson,
March 19, 2015).
him
for
filing
et al.,
Civil No. H-15-712
(S.D. Tex.
Thus, Young has at least three "strikes" against
meritless
actions
prior
to
filing
the present
action.
The
allegations
occurred more
made
than a
showing that he
by
Young
month ago.
concern
Young does
the
incident
not allege
facts
exception to
the
Because he does not fit
three-strikes
rule,
Young
is
eligible to proceed without prepayment of the filing fee.
Young v.
HCSO,
that
is currently under imminent danger of serious
physical injury for purposes of§ 1915(g).
within
an
Civil
No.
H-15-3492
(S.D.
Tex.
Dec.
8,
not
See
2015)
(finding that Young is barred from proceeding as a pauper under the
three-strikes rule).
Accordingly, this case will be dismissed.
II.
Conclusion and Order
Accordingly, the court ORDERS as follows:
1.
The Application to Proceed In
(Docket Entry No. 2) is DENIED.
-2-
Forma Pauperis
2.
This case will be dismissed without
pursuant to 28 U.S.C. § 1915(g).
prejudice
3.
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 and to the Clerk of the United States District
Court for the Eastern District of Texas, Tyler Division, 211 West
Ferguson, Tyler, Texas 75702, Attention:
Manager of the Three-
Strikes List.
SIGNED at Houston, Texas, on this 29th day of April, 2016.
SIM
UNITED STATES DISTRICT JUDGE
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