Johnson v. Toribio et al
Plaintiff: Richard James Johnson
Defendant: R Toribio, R Phillips and J Windham
Case Number: 2:2009cv00074
Filed: March 25, 2009
Court: US District Court for the Northern District of Texas
Office: Prisoner: Civil Rights Office
County: Potter
Presiding Judge: Clinton E Averitte
Presiding Judge: Mary Lou Robinson
Nature of Suit: Plaintiff
Cause of Action: Federal Question
Jury Demanded By: 42:1983 Civil Rights Act

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Date Filed Document Text
March 30, 2009 Opinion or Order 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Cause No. 2:07-cv-74 can be said to apply to the claims severed into the instant cause, that grant of pauper status is rescinded.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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Plaintiff: Richard James Johnson
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Defendant: R Toribio
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Defendant: R Phillips
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Defendant: J Windham
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