Tang v. Diaz et al

Filing 10

MEMORANDUM AND ORDER ON DISMISSAL. (Signed by Judge Kenneth M Hoyt) Parties notified.(chorace)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
TOAN T TANG,
Plaintiff,
VS.
DIAZ, et al,
Defendants.

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January 04, 2017
David J. Bradley, Clerk

CIVIL ACTION NO. 4:16-CV-3119

MEMORANDUM AND ORDER
Toan T. Tang has filed a prisoner civil rights complaint. Tang has not paid the filing fee.
This action will be dismissed pursuant to the provisions of 28 U.S.C. § 1915(g).
Barring a show of imminent danger, under the Prison Litigation Reform Act of 1995, a
prisoner may not file an action without prepayment of the filing fee if he has, on three or more
prior occasions, filed a prisoner action in federal district court or an appeal in a federal court of
appeals which was dismissed as frivolous or malicious. 28 U.S.C. § 1915(g); Adepegba v.
Hammons, 103 F.3d 383, 385 (5th Cir. 1996). Tang accumulated at least six such dismissals
before filing the pending complaint, and is no longer allowed to proceed in forma pauperis
pursuant to the provisions of section 1915(g). See Tang v. O’Leary, No. 07-11860-WGY (D.
Mass. Jan. 24, 2008); Tang v. Bernard, No. 08-10025-DPW (D. Mass. June 30, 2008); Tang v.
McGuire, No. 08-10043-NMG (D. Mass. July 9, 2008); Tang v. Keefe Commissary Network, No.
08-11378-WGY (D. Mass. Aug. 15, 2008); Tang v. McPherson, No. 08-10675-WGY (D. Mass.
Aug. 26, 2008); Tang v. City of Framingham, No. 1:07cv11634-WGY (D. Mass. Sept. 4, 2008).
Tang’s allegations do not plead any facts showing that he is in any immediate danger which
would warrant waiver of the fee requirement. See Choyce v. Dominguez, 160 F.3d 1068, 1071
(5th Cir. 1998); Banos v. O’Guin, 144 F.3d 883, 884 (5th Cir. 1998).

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In light of the pleadings and his litigation history, Tang has failed to show that he is
eligible to proceed as a pauper. Consequently, this action should be dismissed pursuant to 28
U.S.C. § 1915(g).
The court ORDERS that the Prisoner Civil Rights Complaint (Docket Entry No. 1), filed
by Toan T. Tang is DISMISSED. 28 U.S.C. § 1915(g). The Clerk is directed to provide a copy
of this Memorandum Opinion and Order to the parties.
SIGNED on this 4th day of January, 2017.
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Kenneth M. Hoyt
United States District Judge

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