Washington v. Gonzales et al
| David Lee Washington |
| Adam Gonzales, Joe Tovar, Floyd Keesee, Trent Peacock, C Briston, Amy Garcia, FNU Kammiz, FNU Green, J Riley, J Back, FNU Chilress and FNU Madrid |
| 1:2022cv00168 |
| November 7, 2022 |
| US District Court for the Northern District of Texas |
| James Wesley Hendrix |
| Prisoner Pet/Other: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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Filing 7
JUDGMENT. For the reasons stated in the Court's order entered today, it is ordered, adjudged, and decreed that Plaintiff's civil-rights complaint is dismissed with prejudice as duplicative under 28 U.S.C. 1915A(b). (Ordered by Judge James Wesley Hendrix on 11/22/2022) (amg)
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Filing 6
ORDER. For the reasons discussed in this Order, the Court finds that Plaintiff's complaint is duplicative of several other complaints. Thus, it is dismissed as malicious. 28 U.S.C. 1915A(b). Additionally, the Court concludes that Plaintiff is barred from proceeding in forma pauperis under the three- strikes provision of 28 U.S.C. 1915(g), and he failed to show that he was in imminent danger of serious physical injury at the time he filed his complaint. Plaintiff appears undeterred by the warnings given by the Court. The Court finds that additional sanctions are necessary to deter further waste of scarce judicial resources. Specifically, the Court finds that Plaintiff's repeated abusive filings warrant a monetary sanction and a bar to filing. The Court therefore orders: 1. Plaintiff's complaint is dismissed with prejudice as malicious under 28 U.S.C. 1915A(b). Alternatively, the complaint is dismissed under 28 U.S.C. 1915(g). 2. Plaintiff is assessed a monetary sanction in the amount of $100.00, which must be paid in full before the Court will accept any further filings from Plaintiff. 3. Plaintiff is barred from filing any new civil action, either directly in this Court or indirectly by transfer to this Court, unless he first obtains leave of court. He must attach the following to any motion for leave: 1) proof that he has paid the monetary sanction imposed above and any other monetary sanctions imposed by other courts, and 2) a complete proposed complaint on the court-approved form. Any document submitted by Plaintiff that does not comply with this order will be docketed for administrative purposes only, will not be returned to Plaintiff, and will not be considered or reviewed by the Court. 4. All pending motions are denied. 5. If Plaintiff appeals this order, he must pay the appeal fee of $505.00. He will not be permitted to proceed in forma pauperis on appeal. The Court will enter judgment accordingly (Ordered by Judge James Wesley Hendrix on 11/22/2022) (amg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 6, 7. mailed to David Lee Washington at TDCJ Connally Unit on Tue Nov 22 14:02:30 CST 2022 (crt) |
| Filing 5 MOTION to Appoint Counsel filed by David Lee Washington. (amg) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis filed by David Lee Washington. (amg) |
| Filing 3 New Case Notes: A filing fee has not been paid. (For court use only - links to the #national index and to the prior sanctions found within the #circuit index.) Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (amg) |
| Filing 2 Notice and Instruction to Pro Se Party. (amg) |
| Filing 1 COMPLAINT against All Defendants filed by David Lee Washington. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Additional Page(s)) (amg) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 2, 3. mailed to David Lee Washington at TDCJ Connally Unit on Mon Nov 7 14:39:24 CST 2022 (crt) |
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