Thames v. Gonzales
MEMORANDUM OPINION AND ORDER granting 3 Application for Leave to Proceed without Prepayment of Filing Fee, dismissing without prejudice 1 Complaint. (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
United States District Court
Southern District of Texas
October 27, 2017
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
TRAHEEM THAMES, SPN #02806855,
HARRIS COUNTY SHERIFF
David J. Bradley, Clerk
CIVIL ACTION NO. H-17-3100
MEMORANDUM OPINION AND ORDER
The plaintiff, Traheem Thames, is currently in custody at the
Thames has filed a Prisoner's Civil Rights
Harris County Jail.
challenging state court
pending against him in Harris County.
Thames has submitted an
application for leave to proceed without prepayment of the filing
(Docket Entry No.
Because Thames is incarcerated,
Complaint, in whole or in part, if it determines that the Complaint
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."
considering the pleadings the court concludes that this case must
be dismissed for the reasons explained below.
Thames is presently in custody at the Harris County Jail as
and sexual assault,
Public records confirm that Thames was booked into the
Harris County Jail on October 9, 2016, after he was charged with
the following felony offenses:
aggravated sexual assault, Cause
151545601010; and possession of a controlled substance, Cause No.
On April 11, 2017, the following additional charges
were lodged against Thames: sexual assault of a child, Cause No.
154742701010; compelling prostitution of a child younger than 18,
conduct, Cause No. 154742501010. 3
All of these charges are pending
in the 179th District Court for Harris County, Texas.
Thames has filed this civil rights lawsuit under 42 U.S.C.
1983 against Harris County Sheriff Ed Gonzales, alleging that he
was denied a prompt probable cause determination within 48 hours of
his arrest on October 9, 2016. 4
Arguing that his Fourth Amendment
Complaint, Docket Entry No. 1, p. 4.
Harris County District Clerk's Office website, located at:
http://www.hcdistrictclerk.com (last visited Oct. 26, 2017).
Docket Entry No.
Memorandum, Docket Entry No. 2, pp. 1-3.
rights have been violated, Thames asks for the charges against him
to be "dismissed with prejudice" and he asks this court to order
his immediate release from custody. 5
currently pending against him in state court.
circumstances the doctrine of abstention announced in Younger v.
731 F.2d 1171,
prohibits interference by a
Younger doctrine establishes a presumption that the federal courts
should abstain in cases in which a state criminal proceeding is
pending."); see also Louisiana Debating and Literary Ass'n v. City
of New Orleans, 42 F. 3d 1483, 1489 (5th Cir. 1995)
'is generally deemed appropriate [when] assumption of jurisdiction
by a federal court would interfere with pending state proceedings,
whether of a criminal, civil, or even administrative character.'")
Thames has an adequate avenue for raising his claims in state
court, where records show that he is represented by counsel.
intervention is warranted.
Under these circumstances the court
Complaint, Docket Entry No. 1, p. 4.
must abstain from exercising
jurisdiction over the plaintiff's
Conclusion and Order
Based on the foregoing, the court ORDERS as follows:
The application for leave
prepayment of the filing fee
to proceed without
(Docket Entry No. 3)
Officials at the Harris County Jail are directed to
deduct the filing fee for indigent litigants
( $350. 00) from the Inmate Trust Fund account of
installments pursuant to 28 U.S.C. § 1915(b), and
forward those funds to the Clerk of Court until the
entire fee is paid.
The Prisoner's Civil Rights Complaint filed by
Traheem Thames (Docket Entry No. 1) is DISMISSED
The Clerk is directed to provide a copy of this Memorandum
Opinion and Order to the plaintiff.
The Clerk will also provide a
copy of this order by regular mail or electronic mail to the Barris
County Jail Inmate Trust Fund, Attn: Sergeant Tom Katz, 1200 Baker
Street, Houston, Texas, 77002, phone: (713) 755-8436, fax: 713-7554546.
SIGNED at Houston, Texas, on this~~ th day
UNITED STATES DISTRICT JUDGE
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