Hall v. Collier et al

Filing 5

ORDER OF DISMISSAL denying 2 MOTION/APPLICATION to Proceed In Forma Pauperis. Case terminated on 4/27/2018. Email sent to Manager of Three Strikes List. (Signed by Judge Sim Lake) Parties notified.(gclair, 4)

United States District Court
Southern District of Texas

ENTERED
April 27, 2018

IN THE UN ITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT O F TEXAS
HOUSTON DIVISION

David J. Bradley, Clerk

DARRELL LEE HALL ,

TDCJ #1330580,
Plaintiff,
ACTION NO . H-18-1321
BRYAN COLLIER,
Defendants .
ORDER OF DISM ISSAL

Plaintiff Darrell
Rights

Prisoner's

Complaint

under

1983

concerning the conditions

(
ncomplaint' (
') Docket Entry
confinement

filed

(
TDCJ #1330580)

the Texas Department

Crim inal Justice

Correctional Institutions Division (
uTDCJ'
'). He has also filed
Application

Proceed

Forma Pauperis (
Docket Entry No.

After reviewing a1l of the pleadings and Hall's litigation history,

the court will deny him leave to proceed in forma paureris and will
dismiss this case for the reasons explained briefly below .
Because Hall is incarcerated,

case

governed

the

Prison Litigation Reform Act (
the 'PLRA'), which was enacted,
'
'
part, to prevent prisoners from abusing the privilege of proceeding

iL forma Dauoeris. See Adereqba v. Hammons,

F.3d 383,

(
5th

Under the nthree-strikes' rule established
'

PLRA, a prisoner

allowed

rauoeris in federal court if,
his

civil

actions

or

appeals

bring a civil action in forma
incarcerated, three or more of
were

dismissed

as

frivolous,

malicious, or for failure to state
granted, unless
jnlury .z
. '
;

'imminent danger
'

U.S.
C.

serious physical

1915(
g); Adereqba,

national case index reflects that, while incarcerated , Hall
has filed

least three other

actions and an appeal

federal court that have been dismissed as frivolous or for failure
st ate

Johnson,

claim upon which relief

et al.,

Hall v. Sanchez,

No. 2:96-280
et a1.,

be granted .

See Hall v .

Tex. (
April 26, 1999);

No. H-13-1993 (
S.D. Tex. Aug.

2013); Hall v. Sanchez, et a1., Appeal No. 13-20450 (
5th Cir. July
2014); and Hall v. Lumpkins, et a1., Civil No. G-11-0515 (
S.D.
Tex. May

2015).:

Because Hall

more than three strikes

against him , he may not proceed as a pauper unless he fits within

the statutory exception found

1915 (
g).

within the exception

the three-strikes rule,

prisoner must demonstrate that imminent danger of serious physical

injury exists

seeks

file

complaint .

Banos v . O'Guin , 144 F.3d 883, 885 (
5th Cir. 1998).

See

this case,

l lthough the form Complaint asked Hall to disclose his
A
previous lawsuits, he neglects to mention any of these dismissals.
See Complaint , Docket Entry No . 1, p . 2 . The court was able to
attribute all of these cases to Hall by matching his current and
former prisoner identification numbers , which are listed
his
TDCJ Inmate Trust Account Statement, with court records.
See
Docket Entry No . 3, p . 1 . In doing so, the court notes that Hall
has also been sanctioned for abusive litigation practices in
connection with a federal habeas corpus proceeding . See In re :

Darrell Lee Hall, No . 14-20677 (
5th Cir. Jan. 21, zolsll
imposing a
monetary sanction of $100, which has been paid).

claims

he has been denied Halal or kosher m eals free

charge , which substantially burdens the exercise

Muslim

faith in violat ion of the Religious Land Use and Institutionalized

Persons Act ('
'RLUIPA/). See Complaint, Docket Entry No .
/

pp .

He does not allege facts showing that he is in imminent danger

serious physical injury. Because Hall has
showing that

fits within

exception

three-strikes

concludes that

rule , the

w ithout prepayment of the filing

alleged facts

entitled
pursuant to

proceed

1915(
g).

Accordingly , the court ORDERS as follows :
Plaintiff Darrell Lee Hall's Application to Proceed

Forma Pauperis (
Docket Entry No. 2) is DENIED.

This action is DISMISSED without prejudice pursuant to
U. C . 5 19l5(
S.
g).
Plaintiff may refile his Complaint if he pays

filing

fee (
$400.00) in full.
The Clerk will provide a copy of this Order to the piaintiff
and to the Manager of the Three-strikes List for the Southern

District of Texas at Three Strikes#txs .
uscourts.
gov .

SIGNED

Houstonr Texas,

this%n* day ofJ*e , 2a18.
d

A

SIM LAKE
UNITED STATES DISTRICT JUDGE