Tang v. Diaz et al

Filing 10

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

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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. § § § § § § § § 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). 1/2 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. ___________________________________ Kenneth M. Hoyt United States District Judge 2/2

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