Mitchell v. Smith et al, No. 4:2015cv03268 - Document 26 (S.D. Tex. 2016)
Court Description: MEMORANDUM OPINION AND ORDER denying 24 MOTION for Discovery, denying 18 MOTION/APPLICATION to Proceed In Forma Pauperis, denying 19 MOTION for Default Judgment against Diane Cobb, Matt Gross, Brad Livingston, Susan NIchals, Keisha S mith, Charles Vondra, denying 22 MOTION For Pre-Liminary Injunctive Restraining Order, denying 20 MOTION To Extend Partial Filing Fee and Re-Instate Initial Pleading, denying 14 MOTION for Sanctions, denying 23 MOTION for Sanctions, denying 21 MOTION For Leave to File Amended Pleading, dismissing 1 Complaint. (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
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Mitchell v. Smith et al Doc. 26 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION WENDELL ROY MITCHELL, TDCJ #1368068, § § § § § § § § § § Plaintiff, v. BRAD LIVINGSTON, et al., Defendants. CIVIL ACTION NO. H-15-3268 MEMORANDUM OPINION AND ORDER Plaintiff Wendell Roy Mitchell is a state inmate in custody of the Texas Department of Criminal Institutions Division ("TDCJ"). the Civil Rights Act, 42 U.S.C. No. 8) concerning the Justice Correctional Mitchell filed a Complaint Under § 1983 ("Complaint") conditions of his (Docket Entry confinement. After determining that the Complaint improperly joined multiple lawsuits against multiple defendants in one civil action, the court issued an Order striking the Complaint and ordering Mitchell to re-plead in compliance with the Federal Rules of Civil Procedure (Docket Entry No. (Docket 13). Entry No. 17). Mitchell has filed an Amended Complaint Mitchell has also filed numerous motions, including a Motion for Sanctions (Docket Entry No. Proceed In Forma Pauperis 14); an Application to (Docket Entry No. 18) ; a Motion for Default Judgment (Docket Entry No. 19); a Motion to Extend Partial Dockets.Justia.com Filing Fee and Re-instate Initial Pleading (Docket Entry No. 20); a Motion for Leave to File Amended Pleading (Docket Entry No. 21); a Motion for Preliminary Injunctive Restraining Order (Docket Entry No. 22); a Motion for Sanctions (Docket Entry No. 23); and a Motion for Initial Discovery (Docket Entry No. 24). Because Mitchell is incarcerated, the court is required to scrutinize the pleadings and dismiss the case if it is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. § 1915A(b) After applicable law, reviewing all of the See 28 U.S.C. pleadings and the the court will deny Mitchell's motions and will dismiss this action for reasons set forth below. I. Discussion Mitchell is currently incarcerated by TDCJ at the Ferguson Unit in Midway, Texas. 1 and officers Livingston; employed Mitchell has sued the following officials by TDCJ: ( 1) Executive (2) Assistant Director Matt Gross; Director Brad (3) Warden Charles Vondra; (4) Mail Room Manager Diane Cobb; (5) Grievance Coordinator Dovie Turner; and (6) Law Librarian Glenda Merchant. 2 Mitchell generally accuses these defendants of conspiring to obstruct his constitutional right of access to the courts. 3 1 Amended Complaint, Docket Entry No. 17, p. 3. 2 Id. 3 Id. at 3-7. -2- II II II II " II H i H Prisoners have a constitutionally protected right of access to the courts. right See Bounds v. Smith, 97 S. Ct. 1491, 1494 (1977). of access for guaranteeing only a nonfrivolous legal prisoners reasonably claims conditions of confinement. 325 (5th Cir. is 1999) not adequate challenging unlimited, however, opportunity their The to file convictions or See Jones v. Greninger, 188 F.3d 322, (citing Lewis v. Casey, 116 S. Ct. 2174 (1996)); see also Brewer v. Wilkinson, 3 F.3d 816, 821 (5th Cir. 1993) ("the Supreme Court has not extended [the right of access] to encompass more than the ability of an inmate to prepare and transmit a necessary legal document to a court"). To establish a denial of access to the courts a prisoner must demonstrate an "actual injury." 769 (5th Cir. requires the 2009) Brewster v. Dretke, 587 F.3d 764, (citing Lewis, inmate to allege 116 S. that his Ct. ability to 'nonfrivolous,' 'arguable' legal claim was hindered." Christopher v. Harbury, 122 S. Ct. 2179, 2187 "This at 2180). pursue Id. (2002) a (citing (quotation omitted)) . The court acknowledges that Mitchell's pro se pleadings are entitled to a liberal construction, meaning they are subject to "less stringent lawyers." Nevertheless, standards Haines v. than Kerner, formal 92 S. pleadings Ct. 594, drafted 596 by (1972). neither the Amended Complaint nor any of the many motions filed by Mitchell allege facts showing that his position as a litigant has been prejudiced. -3- Because Mitchell has not demonstrated that he has been denied the ability to present a nonfrivolous claim as the result of any interference by the defendants, this action will be dismissed for failure to state a claim upon which relief can be granted. II. Conclusion Based on the foregoing, the court ORDERS as follows: 1. This civil action is DISMISSED with prejudice for failure to state a claim upon which relief may be granted. 2. Plaintiff's Motion for Sanctions (Docket Entry No. 14), Application to Proceed In Forma Pauperis (Docket Entry No. 18), Motion for Default Judgment (Docket Entry No. 19) , Motion to Extend Partial Filing Fee and Re-instate Initial Pleading (Docket Entry No. 20) , Motion for Leave to File Amended Pleading (Docket Entry No. 21), Motion for Preliminary Injunctive Restraining Order (Docket Entry No. 22), Motion for Sanctions (Docket Entry No. 23), and Motion for Initial Discovery (Docket Entry No. 24) are DENIED. The Clerk shall provide a copy of this Memorandum Opinion and Order to the parties. SIGNED at Houston, Texas, on this 27th day of January, 2016. 'SIM LAKE UNITED STATES DISTRICT JUDGE -4-
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