Johnson v. Toribio et al
Richard James Johnson |
R Toribio, R Phillips and J Windham |
2:2009cv00074 |
March 25, 2009 |
US District Court for the Northern District of Texas |
Prisoner: Civil Rights Office |
Potter |
Clinton E Averitte |
Mary Lou Robinson |
Plaintiff |
Federal Question |
42:1983 Civil Rights Act |
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Document Text |
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Filing 3 Memorandum Opinion and Order of Dismissal - Pltf has previously utilized his three "strikes" under the PLRA and is barred from proceeding ifp in any new civil proceeding filed in federal court while a prisoner. By the instant complaint, p ltf has not alleged facts falling within the exception defined by Title 28, USC, section 1915(g). No order requiring collection of a filing fee for this cause has issued. For the reasons set forth above, to the extent the earlier grant of pauper st atus in Cause No. 2:07-cv-74 can be said to apply to the claims severed into the instant cause, that grant of pauper status is rescinded. The instant cause is dismissed without prejudice to refiling with prepayment of the filing fee. Any pending motions and denied. (Ordered by Judge Mary Lou Robinson on 3/30/09) (plh) |
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