Debose v. TDCJ Parole Division et al, No. 4:2016cv02120 - Document 5 (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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Debose v. TDCJ Parole Division et al Doc. 5 United States District Court Southern District of Texas ENTERED IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION LEROY DEBOSE, TDCJ #251249, July 19, 2016 David J. Bradley, Clerk § § § Plaintiff, § § § § § § § v. TDCJ PAROLE DIVISION, et al., Defendant. CIVIL ACTION NO. H-16-2120 MEMORANDUM OPINION AND ORDER Plaintiff incarcerated Leroy in the (TDCJ Debose Texas #251249), Department of Correctional Institutions Division ("TDCJ"). Complaint Under 42 U.S.C. § is Criminal Pauperis inmate Justice Debose has filed a 1983, Civil Rights Act ("Complaint"), alleging that he has been wrongfully denied parole No. 1, p. 5). an (Docket Entry He has also filed an Application to Proceed In Forma (Docket Entry No. 2). After reviewing all of the pleadings, the court concludes that this case must 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 or appeals filed by Debose have been dismissed by the federal courts for failure to state a claim upon which relief may be granted. See Debose v. (S.D. Tex. Oct. 30, 2002); 4:10-445 Thayler, et al., Civil No. H-02-2025 Debose v. Williams, et al., Civil No. (W.D. Tex. Sept. 2, 2010); Debose v. Williams, et al., Appeal No. 10-50884 (5th Cir. April 28, 2011). least three "strikes" against him for Thus, Debose has at filing meritless actions prior to filing the Complaint in this case. Debose takes issue with parole review proceedings and multiple set-offs or suspensions of review over the sentence. 1-1, pp. showing that is he 1-2, 4. currently under Debose does not allege facts imminent physical injury for purposes of§ 1915(g). within the to exception to proceed the without danger of serious Because he does not fit three-strikes prepayment rule, of the Debose is filing Accordingly, this case will be dismissed. II. Conclusion and Order Accordingly, the court ORDERS as follows: 1. life See Memorandum of Law in Support of Plaintiff's 1983, Docket Entry No. eligible course of his The Application to Proceed In (Docket Entry No. 2) is DENIED. -2- Forma Pauperis not fee. This case is DISMISSED without prejudice pursuant to 28 § 1915(g). 2. u.s.c. 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 I~ day of ~\y ' 2016. LAKE UNITED STATES DISTRICT JUDGE -3-

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