Peters v. Abbott

S.D. Texas

Peters v. Abbott

DecidedNovember 15, 2021

Docket4:21-cv-03731

StatusUnknown

This text of Peters v. Abbott (Peters v. Abbott) is published on Counsel Stack Legal Research, covering District Court, S.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Peters v. Abbott, (S.D. Tex. 2021).

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IN THE UNITED STATES DISTRICT COURT November 16, 2021 FOR THE SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk HOUSTON DIVISION

MICHAEL G. PETERS, § § Plaintiff, § v. § CIVIL ACTION NO. H-21-3731 § GREGG ABBOTT, et al., § § Defendants. § MEMORANDUM AND OPINION Michael G. Peters is an inmate in the Texas Department of Criminal Justice. In this suit under 42 U.S.C. § 1983, he alleges a conspiracy to keep him falsely imprisoned. Peters has not paid the filing fee. This action will be dismissed under 28 U.S.C. § 1915(g). Under the Prison Litigation Reform Act of 1995, a prisoner may not file an action without prepayment of the filing fee barring a show of imminent danger 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). Peters had at least twelve such dismissals before filing his complaint in this case, and is no longer allowed to proceed without prepayment of fees. See Peters v. Texas Department of Criminal Justice, No. 4:21-cv-3039 (S.D. Tex. Sept. 23, 2021); Peters v. TDCJ, No. 4:21-cv-2447 (S.D. Tex. July 29, 2021); Peters v. Texas Department of Criminal Justice, No. 3:21-cv-14 (S.D. Tex. Feb. 1, 2021); Peters v. Texas Medical Board, 4:15- cv-3021 (S.D. Tex. Oct. 30, 2015); Peters v. Rollins, 4:15-cv-3036 (S.D. Tex. Oct. 27, 2015); Peters v. Valigura, 4:15-cv-3023 (S.D. Tex. Oct. 26, 2015); Peters v. Duckworth, 4:15-cv-3024 (S.D. Tex. Oct. 22, 2015); Peters v. Harrison, 4:15-cv-3037 (S.D. Tex. Oct, 19, 2015); Peters v. BB&T Bank, No. 4:15-cv-3035 (S.D. Tex. Oct. 15, 2015); Peters v. Dreyer, 4:15-cv-2899 (S.D. Tex. Oct. 14, 2015); Peters v. Dreyer, 4:15-cv-2900 (S.D. Tex. Oct. 6, 2015); Peters v. Gilbert, 4:15-cv-2762 (S.D. Tex. Oct. 1, 2015). Peters’s allegations do 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 (Sth Cir. 1998); Banos v. O’Guin, 144 F.3d 883, 884 (Sth Cir. 1998). In light of the pleadings and his litigation history, Peters fails to show that he is eligible to proceed without prepayment of fees and also fails to assert a claim that has any legal basis. Consequently, this action is dismissed pursuant to 28 U.S.C. § 1915(g) and 28 U.S.C. § 1915(e). This dismissal counts as a strike under section 1915(g). SIGNED on November 15, 2021, at Houston, Texas.

LW CnerTe Lee H. Rosenthal Chief United States District Judge

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IN THE UNITED STATES DISTRICT COURT November 16, 2021 FOR THE SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk HOUSTON DIVISION

MICHAEL G. PETERS, § § Plaintiff, § v. § CIVIL ACTION NO. H-21-3731 § GREGG ABBOTT, et al., § § Defendants. § MEMORANDUM AND OPINION Michael G. Peters is an inmate in the Texas Department of Criminal Justice. In this suit under 42 U.S.C. § 1983, he alleges a conspiracy to keep him falsely imprisoned. Peters has not paid the filing fee. This action will be dismissed under 28 U.S.C. § 1915(g). Under the Prison Litigation Reform Act of 1995, a prisoner may not file an action without prepayment of the filing fee barring a show of imminent danger 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). Peters had at least twelve such dismissals before filing his complaint in this case, and is no longer allowed to proceed without prepayment of fees. See Peters v. Texas Department of Criminal Justice, No. 4:21-cv-3039 (S.D. Tex. Sept. 23, 2021); Peters v. TDCJ, No. 4:21-cv-2447 (S.D. Tex. July 29, 2021); Peters v. Texas Department of Criminal Justice, No. 3:21-cv-14 (S.D. Tex. Feb. 1, 2021); Peters v. Texas Medical Board, 4:15- cv-3021 (S.D. Tex. Oct. 30, 2015); Peters v. Rollins, 4:15-cv-3036 (S.D. Tex. Oct. 27, 2015); Peters v. Valigura, 4:15-cv-3023 (S.D. Tex. Oct. 26, 2015); Peters v. Duckworth, 4:15-cv-3024 (S.D. Tex. Oct. 22, 2015); Peters v. Harrison, 4:15-cv-3037 (S.D. Tex. Oct, 19, 2015); Peters v. BB&T Bank, No. 4:15-cv-3035 (S.D. Tex. Oct. 15, 2015); Peters v. Dreyer, 4:15-cv-2899 (S.D. Tex. Oct. 14, 2015); Peters v. Dreyer, 4:15-cv-2900 (S.D. Tex. Oct. 6, 2015); Peters v. Gilbert, 4:15-cv-2762 (S.D. Tex. Oct. 1, 2015). Peters’s allegations do 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 (Sth Cir. 1998); Banos v. O’Guin, 144 F.3d 883, 884 (Sth Cir. 1998). In light of the pleadings and his litigation history, Peters fails to show that he is eligible to proceed without prepayment of fees and also fails to assert a claim that has any legal basis. Consequently, this action is dismissed pursuant to 28 U.S.C. § 1915(g) and 28 U.S.C. § 1915(e). This dismissal counts as a strike under section 1915(g). SIGNED on November 15, 2021, at Houston, Texas.

LW CnerTe Lee H. Rosenthal Chief United States District Judge

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