Peters v. Abbott et al

Filing 5

Memorandum and Opinion. Case terminated on 11/15/2021. Email sent to Manager of Three Strikes List. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(gclair, 4)

Case 4:21-cv-03731 Document 5 Filed on 11/15/21 in TXSD Page 1 of 2
United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
MICHAEL G. PETERS,
v.

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Plaintiff,

GREGG ABBOTT, et al.,
Defendants.

November 16, 2021
Nathan Ochsner, Clerk

CIVIL ACTION NO. H-21-3731

MEMORANDUM AND OPINION
Michael G. Peters is an inmate in the Texas Department of Criminal Justice. In this suit
under 42 U.S.C. § 1983, he alleges a conspiracy to keep him falsely imprisoned. Peters has not paid
the filing fee. This action will be dismissed under 28 U.S.C. § 1915(g).
Under the Prison Litigation Reform Act of 1995, a prisoner may not file an action without
prepayment of the filing fee barring a show of imminent danger 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.
103 F.3d 383, 385 (5th Cir. 1996).

28 U.S.C. § 1915(g); Adepegba v. Hammons,

Peters had at least twelve such dismissals before filing his

complaint in this case, and is no longer allowed to proceed without prepayment of fees.

See

Peters v. Texas Department of Criminal Justice, No. 4:21-cv-3039 (S.D. Tex. Sept. 23, 2021);
Peters v. TDCJ, No. 4:21-cv-2447 (S.D. Tex. July 29, 2021); Peters v. Texas Department of
Criminal Justice, No. 3:21-cv-14 (S.D. Tex. Feb. 1, 2021); Peters v. Texas Medical Board, 4:15cv-3021 (S.D. Tex. Oct. 30, 2015); Peters v. Rollins, 4:15-cv-3036 (S.D. Tex. Oct. 27, 2015);
Peters v. Valigura, 4:15-cv-3023 (S.D. Tex. Oct. 26, 2015); Peters v. Duckworth, 4:15-cv-3024
(S.D. Tex. Oct. 22, 2015); Peters v. Harrison, 4:15-cv-3037 (S.D. Tex. Oct, 19, 2015); Peters v.
BB&T Bank, No. 4:15-cv-3035 (S.D. Tex. Oct. 15, 2015); Peters v. Dreyer, 4:15-cv-2899 (S.D.

Case 4:21-cv-03731 Document 5 Filed on 11/15/21 in TXSD Page 2 of 2

Tex. Oct. 14, 2015); Peters v. Dreyer, 4:15-cv-2900 (S.D. Tex. Oct. 6, 2015); Peters v. Gilbert,
4:15-cv-2762 (S.D. Tex. Oct. 1, 2015).

Peters’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).
In light of the pleadings and his litigation history, Peters fails to show that he is eligible to
proceed without prepayment of fees and also fails to assert a claim that has any legal basis.
Consequently, this action is dismissed pursuant to 28 U.S.C. § 1915(g) and 28 U.S.C. § 1915(e).
This dismissal counts as a strike under section 1915(g).
SIGNED on November 15, 2021, at Houston, Texas.

_______________________________________
Lee H. Rosenthal
Chief United States District Judge

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