Butler v. Pendergraff et al, No. 4:2010cv00811 - Document 4 (S.D. Tex. 2010)
Court Description: OPINION on Dismissal.(Signed by Judge Lynn N. Hughes) Parties notified.(ghassan, )
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MYRON ELDON BUTLER, TDCJ 1147687, Plaintiff, 5 8 0 versus § § § W. A. PENDERGRAFF, et al., 3 § Defendant. 5 Opinion on Dismissal Myron Eldon Butler sues for civil rights violations. He is in a Texas prison. Butler moves to proceed as a pauper. He has sued about twenty other times in district court, including transfers. The district court dismissed three of these lawsuits as frivolous or for failure to state a claim recognized at law. Butler v. Dean, et al., 4:03cv174 (E.D. Tex.); Butler v. Pendergraff, 4:09v3 82 (S.D. Tex.); and Butler v. UTMB, et al. , 4:09cv5 19 (S.D. Tex.). When Butler sued in these other cases, he was held in prison or jail. The district court dismissed these other cases before Butler filed this case. A prisoner may not bring a case in federal court as a pauper if, while incarcerated, he brought three actions which the court dismissed as fi-ivolousor for failure to state a claim, unless he is under imminent danger of serious physical injury. 28 U.S.C. 5 1915(g). Butler's allegations here do not show that he is under imminent danger of serious physical injury. This complaint is dismissed. 28 U.S.C. § 1915(g). The clerk will send a copy to the District Clerlk, 21 1 West Ferguson, Tyler, Texas 75702, Attention: Manager of the Three-Strikes List. Signed /@?& 2 / , 2010, at Houston, Texas. Lynn N. Hughes United States District Judge
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