ADEYINKA v. HOUSTON TEXAS DEPARTMENT OF PUBLIC SAFETY, No. 4:2018cv02753 - Document 9 (S.D. Tex. 2018)

Court Description: MEMORANDUM OPINION AND ORDER vacating 6 Order, denying 2 Application for Leave to Proceed In Forma Pauperis, dismissing with prejudice 1 Complaint (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)

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ADEYINKA v. HOUSTON TEXAS DEPARTMENT OF PUBLIC SAFETY Doc. 9 United States District Court Southern District of Texas ENTERED August 15, 2018 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION EMMANUEL ADEYINKA, § § § § § § § § § § Plaintiff, v. HOUSTON TEXAS DEPARTMENT OF PUBLIC SAFETY, Defendant. David J. Bradley, Clerk CIVIL ACTION NO. H-18-2753 MEMORANDUM OPINION AND ORDER The plaintiff, Emmanuel Adeyinka, filed a pro se Complaint for Violation of Civil Rights against the Houston Texas Department of Public Safety ("Complaint") (Docket Entry No. 2) in the Eastern District of Pennsylvania, which has transferred the case to this court. Because Adeyinka requests leave to proceed in forma pauperis (Docket Entry No. 1), the court is required to scrutinize the claims and dismiss the Complaint, in whole or in part, if it determines that the Complaint "is frivolous, malicious, or fails to state a claim upon which 1915 (e) (2) (B). concludes that relief may be granted." 2 8 U.S. C. § After considering all of the pleadings the court this case must be dismissed for the reasons explained below. Dockets.Justia.com I. Discussion Adeyinka alleges that the Texas Department of Public Safety and one of its employees information about his (C. Aguilera) criminal Offender Registry website. have record on the placed Texas incorrect Public Sex He seeks $10 million in compensatory damages for the emotional distress this has caused. Court records reflect that the Complaint duplicates one that he filed previously in the Southern District of Texas on June 12, 2018. 1931 See Adeyinka v. Department of Public Safety, Civil No. H-18(S.D. Tex.) . That case remains pending. A civil rights complaint is considered "malicious" if it duplicates allegations made in another federal lawsuit by the same plaintiff. v. Moore, 980 F.2d 994, 994 (5th Cir. 1993) See Pittman (per curiam). The allegations in Adeyinka' s pending Complaint clearly duplicate those presented by him previously in Civil No. H-18-1931. Because Elliott has made the same claims in a previous lawsuit, the court concludes that the pending Complaint is subject to dismissal as malicious under 28 U.S.C. § 1915 (e) (2) (B). III. Conclusion and Order Based on the foregoing, the court ORDERS as follows: 1. The Complaint for Violation of Civil Rights filed by Emmanuel DISMISSED § Adeyinka with (Docket prejudice 1915 (e) ( 2 ) (B) as rna 1 i c i o us . -2- Entry under No. 2) is 28 u.s.c. 2. Adeyinka' s application for leave forma pauperis (Docket Entry No. 2) 3. The Order setting this case for to proceed in is DENIED. an scheduling conference (Docket Entry No. initial pretrial 6) is VACATED. The Clerk is directed to provide a copy of this Memorandum Opinion and Order to the plaintiff. SIGNED at Houston, Texas, on this I'NI, ' 2018. SIM LAKE UNITED STATES DISTRICT JUDGE -3-

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