Dixon v. Strait, No. 4:2014cv01542 - Document 4 (S.D. Tex. 2014)

Court Description: MEMORANDUM OPINION AND ORDER denying 2 MOTION/APPLICATION to Proceed In Forma Pauperis, dismissing with prejudice 1 Prisoner Civil Rights Complaint. (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION FRED A. DIXON, JR., TDCJ NO. 1465037, § § § § § § § § § § Plaintiff, v. GEORGE STRAIT, et al., Defendants. CIVIL ACTION H-14-01542 MEMORANDUM OPINION AND ORDER Fred A. Dixon, Jr., TDCJ No. 1465037, is an inmate of the TDCJ Montford Unit, facility housing inmates with psychiatric problems. Dixon is known complaints. for filing frivolous prisoner civil rights He has filed over 50 prisoner civil rights lawsuits in the federal courts of Texas, at least ten of which were dismissed pursuant to 28 Service U.S.C. § Department, 1915{e). See Dixon v. Skyview Unit Food No. H-11-2906 citing, 2011) , (S. D. No. 3:97cv0856 (N.D. Tex. 1997) i Dixon v. State of Texas, No. 3:97cv0360 (S.D. Tex. 1997) i Dixon v. State of Texas, No. 3:98cv0440 (S.D. Tex. 1999) i Dixon v. State of Texas, No. 3:97cv0856 (N.D. Tex. 2002) i Dixon v. State of Texas, No. 3:03cv2792 (N.D. Tex. 2004) i Dixon v. Angleton Parole Dept., No. (N.D. 3:03cv2790 Does, No. 3:03cv2794 Freeport City Police, No. 3:03cv2795 (N.D. Tex. 2004) Dixon v. State of Alabama, 3:03cv2233 (N.D. Tex. (N.D. 2004) . Tex. 2004) i Tex. 2004) Dixon v. Consequently, the i Dixon v. Three-Strikes Rule of the Prison Litigation Reform Act (PLRA) bars Dixon from filing any new prisoner complaints without paying the filing fee in advance unless he is in imminent danger of serious physical harm at the time the 28 U.S.C. suit is filed. 1915 (g). § Dixon has filed a prisoner complaint under 42 U.S.C. Strait and his band "for 900 tillion [sic] alleging that Strait "cut up" his sister's children. complains about the food services department at 1983 He is suing and an application to proceed in forma pauperis. George § dollar [s]" Dixon also his unit, the sheriff's department in Angleton (Brazoria County), Texas, and the Armed Forces of the United States. It is apparent from the pleadings that Dixon has little or no grasp of reality. Consequently, his complaint is dismissible as frivolous under 28 U.S.C. 674, 678 (5th Cir. 2009) § 1915(e). Samford v. Dretke, 562 F.3d (a complaint is frivolous if "the facts alleged are fantastic or delusional scenarios or the legal theory upon which a complaint relies is indisputably meritless."), citing Harris v. Hegmann, 198 F.3d 153, 156 (5th Cir.1999). Moreover, Dixon's pending complaint does not show that he is in any immediate danger of serious physical harm. dismissed because Dixon is Therefore, this action should be barred under 28 U. S. C. Choyce v. Dominguez, 160 F.3d 1068, 1071 (5th Cir. 1998) O'Guin, 144 F.3d 883, 884 (5th Cir. 1998). -2- 1915 (g) . § i Banos v. Conclusion and Order The court ORDERS the following: 1. The application to proceed in Entry No.2) is DENIED. 2 The prisoner civil rights complaint (Docket Entry No.1) , filed by Fred A. Dixon, Jr., TDCJ No. 1465037, is DISMISSED with prej udice because it is frivolous and because he is BARRED from filing any civil rights complaints while he is incarcerated without paying the filing fee in advance. 28 U.S.C. § 1915(g). 3. The Clerk is directed to provide a copy of this Memorandum Opinion and Order, by mail or electronic means, to the parties; the TDCJ - Office of the General Counsel, P.O. Box 13084, Austin, Texas, 78711; and the Pro Se Clerk for the United States District Court of the Eastern District of Texas, Tyler Division, 211 West Ferguson, Tyler, Texas 75702. SIGNED at Houston, Texas, on this forma pauperis (Docket June, 2014. LAKE UNITED STATES DISTRICT JUDGE -3- --------- ---------------------_.

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