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Finney v. Stringfellow Unit

United States District Court, S.D. Texas, Galveston Division

October 2, 2019

CHESTER FINNEY, SR., TDCJ # 01493956, Plaintiff,
v.
STRINGFELLOW UNIT, et al., Defendants.

          ORDER REINSTATING CASE

          JEFFREY VINCENT BROWN UNITED STATES DISTRICT JUDGE

         State 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.

         Plaintiff 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:

         1. 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 GRANTED.

         2. 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.

         4. 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 account.

         5. Service of process will be withheld pending judicial screening pursuant to 28 U.S.C. § 1915A.

         6. No. 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.

         7. All discovery in this case is stayed until the Court enters an order to answer.

         8. No. 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.

         9. 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 prosecution.

         10. Plaintiff's motion to sever (Dkt. 14) is DENIED because Plaintiff provides no explanation or basis for the request.

         11. 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 Court.

         12. 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, ...


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