United States District Court, S.D. Texas, Galveston Division
ORDER REINSTATING CASE
JEFFREY VINCENT BROWN UNITED STATES DISTRICT JUDGE
inmate Chester Finney, Sr., filed this civil rights suit in
the Eastern District of Texas. On April 19, 2019, some of
Finney's claims were transferred to this Court (Dkt. 6).
On June 21, 2019, the Court dismissed the case without
prejudice for want of prosecution (Dkt. 9). Plaintiff has
belatedly complied with the Court's previous instructions
and explains that he recently was moved to a different TDCJ
unit. Because Plaintiff wishes to proceed with this action
and has satisfied all current requirements, this case is
REINSTATED on the Court's active docket.
seeks leave to proceed in forma pauperis. Because
Plaintiff is incarcerated, this case is governed by the
Prison Litigation Reform Act (the “PLRA”), 28
U.S.C. § 1915(b). The PLRA requires prisoners who
proceed in forma pauperis to pay an initial partial
filing fee and then to pay by installment the full balance of
the $350 filing fee for indigent litigants. Having reviewed
the documents filed by Plaintiff the Court
ORDERS as follows:
Based on the certified inmate trust fund account statement
(Dkt. 13) provided by Plaintiff, the application for leave to
proceed in forma pauperis (Dkt. 12) is
Plaintiff is not assessed an initial partial filing fee
because his application shows he lacks the requisite funds 3.
Plaintiff shall pay the full $350 filing fee in periodic
installments as required by 28 U.S.C. § 1915(b). The
agency having custody of Plaintiff shall collect this amount
from the Plaintiff's inmate trust fund account or
institutional equivalent, when funds are available, and
forward it to the Court.
Plaintiff is responsible for signing all consents and other
documents required by the agency having custody of Plaintiff
to authorize the necessary withdrawal from Plaintiff's
Service of process will be withheld pending judicial
screening pursuant to 28 U.S.C. § 1915A.
amendments or supplements to the complaint will be filed
without prior Court approval. A complete amended complaint
will be attached to any motion to amend. Any pleadings or
other papers filed in violation of these directives,
including any pleadings or other papers which contain any new
claims or any new factual allegations not already explicitly
raised in: (1) the original complaint, (2) any court-approved
amendments or supplements to the original complaint, or (3)
in response to an Order for More Definite Statement, shall
automatically be STRICKEN from the record without further
notice and will be of no force or effect in this lawsuit. Any
pleadings or other papers filed in violation of these
directives in this paragraph may also subject Plaintiff to
other sanctions, including the dismissal of this suit for
failure to comply with court orders, if appropriate.
discovery in this case is stayed until the Court enters an
order to answer.
motions for appointment of counsel shall be considered until
the Court has completed its screening pursuant to 28 U.S.C.
§§ 1915A, 1915(e)(2)(B) to determine if the
complaint is frivolous, malicious, or fails to state a claim.
Plaintiff must notify the court of any address change by
filing a written notice with the Clerk. Failure to file such
notice may result in this case being dismissed for want of
Plaintiff's motion to sever (Dkt. 14) is
DENIED because Plaintiff provides no
explanation or basis for the request.
Plaintiff's motion for extension of time to file a
complaint (Dkt. 15) is DENIED as moot
because Plaintiff's amended complaint is on file with the
Plaintiff has filed a motion for a temporary restraining
order alleging that officials at the Clements Unit, where he
currently is incarcerated, have interfered with his access to
courts. The motion seeks relief from persons who are not
defendants in this action and, moreover, is irrelevant to
Plaintiff's claim in this lawsuit that he received
inadequate medical care from a nurse at the University of
Texas Medical Branch. Additionally, the Clements Unit is in
Potter County, which is in the Northern District of Texas,