Williams v. The State of Texas Department of Criminal Justice
MEMORANDUM OPINION AND ORDER dismissing with prejudice 1 Complaint, granting 2 APPLICATION to Proceed In Forma Pauperis Email sent to Manager of Three Strikes List. (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
United States District Court
Southern District of Texas
April 18, 2017
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
CRAIG GERARD WILLIAMS,
David J. Bradley, Clerk
CIVIL ACTION NO. H-17-1150
STATE OF TEXAS DEPARTMENT
OF CRIMINAL JUSTICE,
MEMORANDUM OPINION AND ORDER
presently incarcerated by the Texas Department of Criminal Justice
- Correctional Institutions Division ("TDCJ").
Williams has filed
(Docket Entry No. 1) , challenging the validity of his
Williams has also filed an Application to Proceed In
incarcerated, the court is required to scrutinize the claims and
dismiss the Complaint, in whole or in part, if it determines that
the Complaint "is frivolous, malicious, or fails to state a claim
upon which relief may be granted" or "seeks monetary relief from a
defendant who is immune from such relief."
After reviewing all of the pleadings, the court concludes that this
case must be dismissed for the reasons explained below.
Williams is currently serving four concurrent 50-year terms of
imprisonment as the result of several convictions entered against
him on May 13,
for aggravated sexual assault of a
count) . 1 Those
convictions were affirmed on appeal in an unpublished opinion. 2
2012, Williams sought habeas relief under 28 U.S.C.
2254, but his
petition was dismissed with prejudice as barred by the governing
one-year statute of limitations on federal
Circuit denied a certificate of appealability from that decision in
On April 4,
Williams executed his Complaint under 42
validity of the convictions entered against him in 1997. 5
appears to claim that he is "innocent" and would not have been
convicted but for the fact that a "crucial" witness for the defense
0ffender Information Detail, Texas Department of Criminal Justice,
available at http: //offender. tdcj. texas. gov (last visited April 17,
Williams v. State, Nos. 14-97-00569-CR,
9700575-CR, 14-97-00576-CR, 1999 WL 966647
[14th Dist. Oct. 21, 1999), pet. ref'd).
Williams v. Thaler,
Dec . 5 , 2 0 12 ) .
14-97-00572-CR, 14(Tex. App. - Houston
2012 WL 12871880
Williams v. Stephens, 555 F. App'x 439 (5th Cir. Feb. 20, 2014).
Complaint, Docket Entry No. 1, pp.5-6.
was a "no show" at trial.
Alleging that his constitutional rights
incarcerated," Williams seeks $9, 500, 000. 00 in compensatory damages
and his immediate release from custody. 7
Williams plainly seeks monetary damages under 42 U.S.C.
established that a civil rights plaintiff may not recover damages
without first proving that the challenged conviction or sentence
has been "reversed on direct appeal, expunged by executive order,
issuance of a writ of habeas corpus
28 U.S. C.
A claim for
damages that bears a relationship to a conviction or sentence that
In other words,
plaintiff would "necessarily imply the invalidity of his conviction
Id. at 6.
Id. at 4.
or sentence," then the complaint must be dismissed unless the
plaintiff can demonstrate that
already been invalidated.
As Williams appears to concede in his pleadings, his federal
invalidated, his civil rights claims are not cognizable under 42
1983 and his Complaint must be dismissed with prejudice.
prejudice to their being asserted again until the Heck conditions
are met") . Accordingly,
this case will be dismissed as legally
frivolous for purposes of 28 U.S.C.
Based on the foregoing, the court ORDERS as follows:
The Complaint filed by Craig Gerard Williams
The dismissal will count as a "strike" for
is DISMISSED with prejudice as
purposes of 28 U.S.C.
The Application to
Proceed In Forma Pauperis
Entry No. 2) is GRANTED.
The TDCJ Inmate Trust Fund is ORDERED to deduct funds
from the trust account of Craig Gerard Williams
and forward them to
the Clerk on a
in compliance with the provisions of 28 U.S.C.
1915(b), until the entire filing fee ($350.00) has been
The Clerk is directed to provide a copy of this Memorandum
Opinion and Order to the plaintiff. The Clerk will also provide a
copy by regular mail, facsimile transmission, or e-mail to: (l) the
Office of the General Counsel,
Texas, 78711, Fax Number (512) 936-2159; (2) the Inmate Trust Fund,
P.O. Box 629, Huntsville, Texas 77342-0629, fax: 936-437-4793; and
(3) the Manager of the Three-Strikes List for the Southern District
SIGNED at Houston, Texas, on this /9-ll.day of
A )0 \'~I
UNITED STATES DISTRICT JUDGE
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