Summary
This federal district court order adopts a magistrate judge’s report and recommendation regarding a pro se prisoner’s civil rights lawsuit filed under 42 U.S.C. § 1983. The court determines that the plaintiff has accumulated three strikes under the Prison Litigation Reform Act and accordingly denies his motion to proceed in forma pauperis. The case is dismissed with prejudice as to refiling another IFP lawsuit on the same claims, but without prejudice to refiling upon payment of the full filing fee.
Topics
Practice areas
Questions Presented
- Whether the district court should adopt the magistrate judge’s report and dismiss the case with prejudice.
- Whether the plaintiff is entitled to proceed in forma pauperis.
Holdings
- The court adopts the magistrate’s report and dismisses the case with prejudice as to the refiling of another in forma pauperis lawsuit, but permits refiling upon payment of the $405 filing fee.
Key quotations
“Accordingly, the Court hereby ADOPTS the Report and Recommendation of the United States Magistrate Judge (Docket No. 5) as the findings of this Court.”
“It is therefore ORDERED that this case is DISMISSED with prejudice as to the refiling of another in forma pauperis lawsuit raising the same claims but without prejudice to the refiling of this lawsuit upon payment of the full $405.00 filing fee.”
Factual background
Joseph Burpee, a Texas Department of Criminal Justice inmate, filed a pro se civil rights lawsuit alleging violations of his rights and asserting that he had accumulated three strikes under the Prison Litigation Reform Act. He sought to proceed in forma pauperis. The magistrate judge found the three strikes and recommended dismissal with prejudice for a duplicate filing.
Procedural history
Plaintiff Joseph Burpee, an inmate, filed a pro se §1983 suit. The magistrate judge issued a report recommending dismissal with prejudice for duplicate in forma pauperis filing. Plaintiff did not object. The district court reviewed the report de novo, found no clear error, and adopted the report, dismissing the case.