Young v. Harris County Jail Classification et al, No. 4:2016cv01150 - Document 4 (S.D. Tex. 2016)

Court Description: MEMORANDUM OPINION AND ORDER dismissing without prejudice 1 Complaint, denying 2 APPLICATION to Proceed In Forma Pauperis (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)

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Young v. Harris County Jail Classification et al Doc. 4 United States District Court Southern District of Texas ENTERED April 29, 2016 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION JAVARROW YOUNG SPN #2426649, § § § § § § § § § § § I Plaintiff, V. HARRIS COUNTY JAIL CLASSIFICATION, et al., Defendants. David J. Bradley, Clerk CIVIL ACTION NO. H-16-1150 MEMORANDUM OPINION AND ORDER Plaintiff, Javarrow Young (SPN #2426649), custody of the Harris County Jail. Under 42 U.S.C. § is an inmate in Young has filed a Complaint 1983, Civil Rights Act ("Complaint"), alleging that the defendants failed to protect him from assault by other inmates on March 23, 2016 (Docket Entry No. 1, p. 4). filed an Application to Proceed In Forma Pauperis No. 2). U.S. C. He has also (Docket Entry After reviewing all of the pleadings as required by 28 § 1915A, the court concludes that this case should be dismissed for reasons explained briefly below. I. Discussion Under the "three-strikes" rule found in 28 U.S.C. § 1915(g), a prisoner is not allowed to bring a civil action in forma pauperis in federal court if, while incarcerated, three or more of his civil actions or appeals were dismissed as frivolous or malicious or for Dockets.Justia.com failure to state a claim upon which relief may be granted unless he is in "imminent danger of serious physical injury." u.s.c. 28 § 1915(g); Adepegba v. Hammons, 103 F.3d 383, 385 (5th Cir. 1996). A national case index reflects that at least three prisoner civil actions filed by Young have been dismissed by federal courts for failure to state a claim upon which relief may be granted. Young v. Anderson, Civil No. H-15-1052 (S.D. Tex. May 8, See 2015); Young v. Anderson, et al., Civil No. H-15-877 (S.D. Tex. April 28, 2015); Young v. Anderson, March 19, 2015). him for filing et al., Civil No. H-15-712 (S.D. Tex. Thus, Young has at least three "strikes" against meritless actions prior to filing the present action. The allegations occurred more made than a showing that he by Young month ago. concern Young does the incident not allege facts exception to the Because he does not fit three-strikes rule, Young is eligible to proceed without prepayment of the filing fee. Young v. HCSO, that is currently under imminent danger of serious physical injury for purposes of§ 1915(g). within an Civil No. H-15-3492 (S.D. Tex. Dec. 8, not See 2015) (finding that Young is barred from proceeding as a pauper under the three-strikes rule). Accordingly, this case will be dismissed. II. Conclusion and Order Accordingly, the court ORDERS as follows: 1. The Application to Proceed In (Docket Entry No. 2) is DENIED. -2- Forma Pauperis 2. This case will be dismissed without pursuant to 28 U.S.C. § 1915(g). prejudice 3. Plaintiff may refile his Complaint if he pays the filing fee ($400.00) within thirty days of the date of this Memorandum Opinion and Order. The Clerk will provide copies of this Memorandum Opinion and Order to the parties and to the Clerk of the United States District Court for the Eastern District of Texas, Tyler Division, 211 West Ferguson, Tyler, Texas 75702, Attention: Manager of the Three- Strikes List. SIGNED at Houston, Texas, on this 29th day of April, 2016. SIM UNITED STATES DISTRICT JUDGE -3-

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