United States District Court, S.D. Texas, Houston Division
ORDER OF DISMISSAL
MILLER SENIOR UNITED STATES DISTRICT JUDGE
Dwayne Whitfield, proceeding pro se and purportedly
acting on behalf of his wife Brandy Brenay Charles-Whitfield
and K.L.W., a child, files this lawsuit under section 1983
and 2241 seeking emergency relief to enjoin the final
adoption of K.L.W. by unnamed third parties. The defendants
have not been served with process and are not before the
Court. The lawsuit is DISMISSED for the reasons that follow.
initially filed this lawsuit on the Court's miscellaneous
docket under C.A. No. 19-mc-1111 (S.D. Tex.), and was granted
leave to proceed in forma pauperis. The case was
re-docketed under its current case number and assigned to the
undersigned judge. The Court has reviewed the pleadings and
public records of this and other courts and finds that
Whitfield was improvidently granted leave to proceed in
forma pauperis. Whitfield is a frivolous filer who may
not proceed in forma pauperis in any civil lawsuit
until he proves payment of all prior court sanctions imposed
against him and obtains pre-authorization to file any
intended litigation. A $100.00 sanction was imposed against
him by the Fifth Circuit Court of Appeals in In re
Whitfield, No. 97-00454 (5th Cir. Oct. 30, 1997), a
$200.00 sanction was imposed in Whitfield v.
Johnson, No. 2:97-cv-3148 (S.D. Tex. Apr. 22, 1999), a
$750.00 sanction was imposed in Whitfield v.
Johnson, No. 4:94-cv-2767 (S.D. Tex. March 5, 2011), and
a $200.00 sanction was imposed in Whitfield v. Ott,
No. 4:00-cv-2367 (S.D. Tex. July 17, 2001), among others.
Further, a $100.00 sanction was imposed against him in In
re Whitfield, No. 2:08-mc-21 (S.D. Tex. March 13, 2008),
with an order barring him from filing any non-criminal
actions without payment of the sanctions and
pre-authorization to file. These sanctions remain unpaid.
order granting leave to proceed in forma pauperis
entered in C.A. No. 19-mc-1111 as Docket Entry No. 3 is
VACATED AND WITHDRAWN. Whitfield is DENIED leave to proceed
in forma pauperis. Whitfield's motion to lift
the sanctions orders and/or for leave to proceed as a
sanctioned litigant (Docket Entry No. 1) is DENIED, and his
claims are DISMISSED WITHOUT PREJUDICE. Whitfield may refile
his lawsuit upon payment of the $400.00 filing fee and proof
of payment of all outstanding sanctions.
Whitfield states that he and Charles-Whitfield were married
in 2016 and remain married as of the date of filing. However,
the parties' marital status provides no legal basis for
Whitfield to represent Charles-Whitfield in this lawsuit or
to file this lawsuit on her behalf. Under Federal Rule of
Civil Procedure 11(a), “Every pleading, written motion,
and other paper must be signed by at least one attorney of
record in the attorney's name - or by a party personally
if the party is unrepresented.” Perusal of
Whitfield's pleadings shows that Charles-Whitfield has
not personally signed this lawsuit, and public records for
the State Bar of Texas do not indicate that Whitfield is a
licensed attorney. Consequently, all claims raised in this
lawsuit on behalf of, or purportedly brought by,
Charles-Whitfield are DISMISSED WITHOUT PREJUDICE for want of
is a one-year old child. Whitfield states that K.L.W. was
born to Charles-Whitfield during the parties' marriage,
and is presumed to be a child of the marriage. However, the
parental rights of Whitfield and Charles-Whitfield as to
K.L.W. were terminated by final decree on May 3, 2018.
See In the Interest of K.L.W., a Child, No.
01-18-00485-CV (Tex. App. - Houston [1st Dist.] Dec. 5, 2018,
pet. denied). The appeal of the termination order was
dismissed as frivolous and the Texas Supreme Court denied
their parental rights to K.L.W. were terminated by final
decree, Whitfield and Charles-Whitfield have no standing to
represent the legal interests of K.L.W in this lawsuit. Nor,
for the same reason, do they have standing to seek to enjoin
any pending adoption proceedings regarding K.L.W.
Consequently, all claims raised by Whitfield and/or
Charles-Whitfield on behalf of K.L.W. are DISMISSED WITH
PREJUDICE for want of jurisdiction.
reasons stated above, the Court ORDERS as follows:
1. The order granting Ronald Dwayne Whitfield and Brandy
Brenay Charles- Whitfield leave to proceed in forma
pauperis in C.A. No. 19-mc-1111 (S.D. Tex.) is VACATED
AND WITHDRAWN, and they are DENIED leave to proceed in forma
2. Ronald Dwayne Whitfield's motion to lift the sanctions
orders and/or for leave to proceed as a sanctioned litigant