Brooks II v. Harris County Jail

• Court: District Court, S.D. Texas
• Decided: August 5, 2020
• Docket: 4:20-cv-02683
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT August 05, 2020 SOUTHERN DISTRICT OF TEXAS David J. Bradley, Clerk HOUSTON DIVISION

GREGORY W. BROOKS II, § § Plaintiff, § VS. § CIVIL ACTION NO. 4:20-CV-2683 § HARRIS COUNTY JAIL § and § KIM OGG § and § DISTRICT COURT, § § Defendants. §

ORDER OF DISMISSAL

Gregory W. Brooks II, an inmate incarcerated at the Harris County jail, has filed a prisoner civil rights complaint. Brooks has not paid the filing fee. This action will be dismissed pursuant to the provisions of 28 U.S.C. § 1915(g). Barring a show of imminent danger, under the Prison Litigation Reform Act of 1995, a prisoner may not file an action without prepayment of the filing fee if he has, on three or more prior occasions, filed a prisoner action in federal district court or an appeal in a federal court of appeals which was dismissed as frivolous or malicious. 28 U.S.C. § 1915(g); Adepegba v. Hammons, 103 F.3d 383, 385 (5th Cir. 1996). Brooks accumulated at least 11 such dismissals before filing the pending complaint and is no longer allowed to proceed in forma pauperis pursuant to the provisions of section 1915(g). See Brooks v. Harris Centers Jail Diversion Program, 4:20-cv-387 (S.D. Tex. July 7, 2020); Brooks v. Harris County Jail, 4:20-cv-723 (S.D. Tex. Mar. 2, 2020); Brooks v. Harris County Jail, 4:20-cv-67 (S.D. Tex. Feb. 28, 2020); Brooks v. U.S. Courthouse and Harris County Jail, 4:20-cv-613 (S.D. Tex. Feb. 24, 2020); Brooks v. District Attorney’s Ofc., 4:20-cv-605, (S.D. Tex. Feb. 24, 2020); Brooks v. State Comm’n of Judicial Conduct, 4:20-cv-543 (S.D. Tex. Feb. 20, 2020); Brooks v. Houston Police Dep’t, 4:19- cv-5011 (S.D. Tex. Feb. 19, 2020); Brooks v. Jail Diversion Program, 4:20-cv-70 (S.D. Tex. Jan. 16, 2020); Brooks v. Harris County Jail, 4:18-cv-2076 (S.D. Tex. July 16, 2018); Brooks v. Harris County Jail, 4:18-cv-1408 (S.D. Tex. May 7, 2018); Brooks v. Harris County Jail 4:18- cv-1219 (S.D. Tex. Apr. 23, 2018); ). Brooks makes conclusory allegations that he is in

imminent danger pf physical harm because of his sex offender status and due to Covid-19, but he does not plead any facts showing that he is in any immediate danger which would warrant waiver of the fee requirement See Choyce v. Dominguez, 160 F.3d 1068, 1071 (5th Cir. 1998); Banos v. O’Guin, 144 F.3d 883, 884 (5th Cir. 1998). In light of the pleadings and his litigation history, Brooks has failed to show that he is eligible to proceed as a pauper and has also failed to assert a claim that has any legal basis. Consequently, this action should be dismissed pursuant to 28 U.S.C. § 1915(g) and 28 U.S.C. § 1915(e). This dismissal shall count as a strike under section 1915(g). The court ORDERS that the Prisoner Civil Rights Complaint (Doc. # 1), filed by Harris County inmate Gregory W. Brooks H is DISMISSED. 28 U.S.C. § 1915(g); 28 U.S.C. § 1915(e). The Clerk is directed to provide a copy of this Memorandum Opinion and Order to the parties and, and to the three strikes coordinator for this district, Three Strikes@txs.uscourts.gov. It is so ORDERED. SIGNED on this 5 day of August, 2020.

KennetthM.Hoyt ——

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