Debose v. TDCJ Parole Division et al
Filing
5
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
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
LEROY DEBOSE,
TDCJ #251249,
July 19, 2016
David J. Bradley, Clerk
§
§
§
Plaintiff,
§
§
§
§
§
§
§
v.
TDCJ PAROLE DIVISION, et al.,
Defendant.
CIVIL ACTION NO. H-16-2120
MEMORANDUM OPINION AND ORDER
Plaintiff
incarcerated
Leroy
in
the
(TDCJ
Debose
Texas
#251249),
Department
of
Correctional Institutions Division ("TDCJ").
Complaint Under 42 U.S.C.
§
is
Criminal
Pauperis
inmate
Justice
Debose has filed a
1983, Civil Rights Act ("Complaint"),
alleging that he has been wrongfully denied parole
No. 1, p. 5).
an
(Docket Entry
He has also filed an Application to Proceed In Forma
(Docket
Entry
No.
2).
After
reviewing
all
of
the
pleadings, the court concludes that this case must 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 or appeals filed by Debose have been dismissed by the
federal courts for failure to state a claim upon which relief may
be granted.
See Debose v.
(S.D. Tex. Oct. 30, 2002);
4:10-445
Thayler,
et al.,
Civil No.
H-02-2025
Debose v. Williams, et al., Civil No.
(W.D. Tex. Sept. 2, 2010);
Debose v. Williams, et al.,
Appeal No. 10-50884 (5th Cir. April 28, 2011).
least three "strikes" against him for
Thus, Debose has at
filing meritless actions
prior to filing the Complaint in this case.
Debose takes issue with parole review proceedings and multiple
set-offs or suspensions of review over the
sentence.
1-1, pp.
showing that
is
he
1-2,
4.
currently under
Debose does not allege facts
imminent
physical injury for purposes of§ 1915(g).
within the
to
exception to
proceed
the
without
danger
of
serious
Because he does not fit
three-strikes
prepayment
rule,
of
the
Debose
is
filing
Accordingly, this case will be dismissed.
II.
Conclusion and Order
Accordingly, the court ORDERS as follows:
1.
life
See Memorandum of Law in Support of Plaintiff's 1983,
Docket Entry No.
eligible
course of his
The Application to Proceed In
(Docket Entry No. 2) is DENIED.
-2-
Forma Pauperis
not
fee.
This case is DISMISSED without prejudice pursuant to 28
§ 1915(g).
2.
u.s.c.
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 I~ day of ~\y
'
2016.
LAKE
UNITED STATES DISTRICT JUDGE
-3-
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