Brown v. Landrum et al, No. 4:2014cv01505 - Document 3 (S.D. Tex. 2014)

Court Description: MEMORANDUM OPINION AND ORDER dismissing without prejudice 1 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 BOBBY BROWN, TDCJ NO. 1124005, PREVo TDCJ NO. 914095, § § § Plaintiff, v. DANNY LANDRUM, et al., Defendants. § § § § § § § § CIVIL ACTION NO. H-14-1505 MEMORANDUM OPINION AND ORDER Texas prison inmate Bobby Brown, TDCJ No. 1124005 (Prev. TDCJ No. 914095), has filed at least three prisoner civil rights suits in the federal courts that were dismissed as frivolous. Wilson, No. 5:10CV181 (N.D. Tex. 2010) i Brown V. Brown V. Weatherby, No. P-03-CV-076 (W.D. Tex. 2004) i Brown V. Bowles, No. 3:99CV2158 (N.D. Tex. 2000). Consequently, the Three-Strikes Rule of the Prison Litigation Reform Act (PLRA) bars Brown 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 suit is filed. 28 U.S.C. § 1915(g). Brown has filed a prisoner complaint under 42 U.S.C. and has not paid the filing fee. § 1983 He complains that he has been subjected to harassment and retaliation because of his religion. He alleges that he wears a beard because he is a Muslim (Docket Entry No. 11 p. 4). He asserts that guards have tried to force him to shave by keeping him in his cell when he refused to comply with their orders. He complains that he had to miss breakfast and was unable to get his medications. Brown contends that the Court of Appeals for the Fifth Circuit has ruled that he has a right to grow a beard up to one quarter of an inch. denial of access to the unit Brown complains that the dining hall and his medications violates his rights because he is disabled and on dialysis. He alleges that a doctor has ordered him to eat five meals a day. Brown seeks injunctive relief. He also requests nominal and punitive damages. The Texas Department of Criminal Justice policy I which prohibits medical pass inmates ("TDCJ II from growing beards grooming ) without a has been addressed and upheld by the Fifth Circuit. l See DeMoss v. Crain, 636 F.3d 145 153-55 (5th Cir. 2011). 1 Brown/s pending complaint does not show that he is in any immediate danger of serious physical harm. Brownls unsupported fears that he might be harmed are not sufficient to warrant an exception to the ThreeStrikes Rule of 447 § 1915(g). (8th Cir. 1996). See Davis v. ScottI 94 F.3d 4441 446- Therefore I this action should be dismissed because Brown is barred under 28 U.S.C. § 1915(g). Dominguez I 160 F.3d 1068 1 1071 (5th Cir. 1998) 144 F.3d 883 i Choyce v. Banos v. OIGuin l 884 (5th Cir. 1998). 1 -2- ------ ._._-,-------_ .. _._.. ,._----- Conclusion and Order The court ORDERS the following: 1. The Complaint Under the Civil Rights Act, 42 U.S.C. § 1983 (Docket Entry No.1), filed by Bobby Brown, TDCJ No. 1124005, is DISMISSED without prejudice to refiling after payment of the filing fees. 28 U.S.C. § 1915 (g) . 2. The Clerk is directed to provide a copy of this Memorandum Opinion and Order, by mail or electronic means, to the parties i the TDCJ - Office of the General Counsel, P.O. Box 13084, Austin, Texas 78711i and the Pro Se Clerk for the United States District Court for the Eastern District of Texas, Tyler Division, 211 West Ferguson, Tyler, Texas 75702. SIGNED at Houston, Texas, on this the 4th day of June, 2014. SIM LAKE UNITED STATES DISTRICT JUDGE -3-

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