Carroll v. State of Texas, No. 4:2019cv00204 - Document 6 (S.D. Tex. 2019)
Court Description: MEMORANDUM OPINION AND ORDER dismissing with prejudice 1 Complaint. Email sent to Manager of Three Strikes List. (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
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Carroll v. State of Texas Doc. 6 United States District Court Southern District of Texas ENTERED IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION JAMES CARROLL, SPN #02371154, March 19, 2019 David J. Bradley, Clerk § § § § § § § Plaintiff, v. STATE OF TEXAS, CIVIL ACTION NO. H-19-0204 § § § Defendant. MEMORANDUM OPINION AND ORDER While in custody at the Harris County Jail, the plaintiff, James Carroll, also known as James Charles Carroll (SPN #02371154), filed a Prisoner's Civil Rights Complaint under 42 U.S.C. § 1983 ("Complaint") (Docket Entry No. 1), concerning state court criminal proceedings that are pending against him. Because Carroll is a prisoner who proceeds in forma pauperis, 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 relief ~ay be granted" or "seeks monetary relief from a defendant who is immune from such relief." 2 8 U. S.C. § 1915A (b) . After considering all of the pleadings, the court concludes that this case must be dismissed for the reasons explained below. I . Background Carroll filed this case while in custody at the Harris County Jail (the "Jail") as the result of charges that were filed against Dockets.Justia.com him on July 7, arrested on 2018. 1 that Public records clarify that Carroll was date and charged in Harris County Cause No. 1597362 with retaliation in violation of Texas law by threatening to murder the complainant, D. Brown, on account of Brown's status as a public servant. 2 On August 23, 2018, a grand jury returned an indictment against Carroll in that case, which remains pending in the 208th District Court for Harris County, Texas. 3 Invoking 42 U.S.C. § 1983, Carroll sues the State of Texas for violations of due process in connection with his criminal case. 4 In particular, Carroll seeks $100,000.00 in compensatory damages because he was reportedly denied a bond. 5 II. Discussion The only defendant listed in the Complaint is the State of Texas. Carroll's claims for monetary damages are barred by the Eleventh Amendment, which precludes an action in federal court by a citizen of a state against his or her own state absent an express waiver. 567, 574 1 See Martinez v. Texas Dep't of Criminal Justice, 300 F.3d (5th Cir. 2002). Texas has not waived its Eleventh Complaint, Docket Entry No. 1, p. 4. 2 See Office of the Harris County District Clerk, located at: http://www.hcdistrictclerk.com (last visited March 5, 2019). 4 Complaint, Docket Entry No. 1, pp. 1, 3. 5 Id. at 4. -2- Amendment immunity, and § 1983 does not otherwise abrogate state sovereign immunity. See NiGen Biotech, L.L.C.,'V. Paxton, 804 F.3d 389, 394 (5th Cir. 2015) 1145 (1979)). (citing Quern v. Jordan, Accordingly, legally frivolous and for this failure action to must state a 99 S. Ct. 1139, be dismissed as claim upon which relief may be granted under 42 U.S.C. § 1983. 6 III. Conclusion and Order Based on the foregoing, the court ORDERS as follows: 1. The Prisoner's Civil Rights Complaint filed by James Carroll under 42 U.S.C. § 1983 (Docket Entry No. 1) is DISMISSED with prejudice. 2. The dismissal will count as a of 28 U.S.C. § 1915(g). "strik~" for purposes The Clerk is directed to provide a copy of this Memorandum Opinion and Order to the plaintiff and to the Manager of the Three Strikes List for the Southern District of Texas at Three Strikes@txs.uscourts.gov. SIGNED at Houston, Texas, on this/lith day of ~~H, 2019. -1:_~ LJcPX' SIM LAKE UNITED STATES DISTRICT JUDGE 6 The court takes judicial notice, moreover, of state court records showing that Carroll is no longer in custody because he was granted a bond. See Office of the Harris County District Clerk, located at: http://www.hcdistrictclerk.com (last visited March 5, 2019) . -3-
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