Tang v. Niels et al

Filing 16

ORDER denying 15 Motion to Address the Court. (Signed by Judge Sim Lake) Parties notified.(gclair, 4)

United States District Court
Southern District of Texas

ENTERED
IN THE UN ITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXA S
HOUSTON DIVISION

December 14, 2016
David J. Bradley, Clerk

TOAN T . TANG ,

Inmate #P00189427,
Plaintiff,
CIVIL ACTION NO . H-16-2820
SHERIFF TROY NEHLS, et

Defendants.

The plaintiff, Toan T . Tang, filed a comp laint under 42 U .S .C .

$ 1983 (
Mcomplaint' (
') Docket Entry No. 1), while in custody at the
Fort Bend County Jail.

Tang, who is now in custody at a state

facility in Austin , has filed a 'Motion to address the court
'

regarding Defendant retaliation' (
' Docket Entry ùo. 15), seeking
injunctive relief. The Motion

be denied for the reasons set

forth briefly below .

On December

2016, the court dismissed the Complaint for

lack of jurisdiction

(
Docket Entry No. 13). Tang does not

demonstrate that this case was dismissed in error or that he

entitled to relief from the final judgment. More importantly, the
Motion filed by Tang does not articulate a valid claim for relief .

nTo state a valid claim for retaliation under (42 U.S.C.
5 19832, a prisoner must allege

a specific constitutional

right, ( the defendant's intent to retaliate against the prisoner
2)
for his or her exercise of that right, ( a retaliatory adverse
3)
act, and

causation .' Bibbs v. Earlv, 541 F.3d 267,
'

(
5th

Cir. 2008) (
quoting Jones v. Grenincer, 188 F.3d 322, 324-25
Cir. 1999) (
per curiaml).

The inmate must allege more than his

personal belief that he is the victim of retaliation .

Jones, 188

F .3d at 325 .

In support of his claim of retaliation, Tang alleges that an
unidentified 'Guard' at the Jail refused to forward certain items
'
'
of clothing and Tang's Texas driver's license to the state facility

where Tang is being held.

(
Docket Entry No.

p.

Tang does

not attempt to demonstrate that the alleged adverse action is
related

to

this

lawsuit

or

the

exercise

constitutional right and he does not otherwise
defendant in this case was involved .

of

a

specific

show that any

Thus, he does not state a

claim for retaliation .
Accordingly , it is ORDERED that Tang's pending Motion (
Docket
Entry No .

is DEN IED .

The Clerk will send a copy of th is Order to the p laintiff .
SIXMRD at Houston, Texas, on

this/ $day of Peeo:e 2016.
W
e -,
*

A
SIM LAKE
UN ITED STATES DISTRICT JUDGE

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