McClain v. Unknown Police Officers
| Texas Northern District Court | |
| Case #: | 3:08-cv-02217 |
| Nature of Suit | 550 Prisoner Petitions - Habeas Corpus - Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Dec 15, 2008 |
| Terminated: | Apr 14, 2009 |
Defendant
Unknown Police Officers
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Plaintiff
Kenneth McClain
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Plaintiff
Kenneth Reven McClain
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GPO
Mar 19 2009
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE on case: It is recommended that the Court DISMISS this action with prejudice as frivolous. Such dismissal will count as a "strike" or "prior occasion" within the meaning 28 U.S.C. � 1915(g). It should also SANCTION Plaintiff as recommended herein. (Ordered by Magistrate Judge Irma C Ramirez on 3/19/2009) (twd) |
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GPO
Apr 14 2009
ORDER ACCEPTING 7 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court finds that a monetary sanction payable to the Court is warranted for Plaintiff's continued abuse of the litigation process. Plaintiff shall pay a $500.00 sanction to the Clerk of the Court. Until he pays that monetary sanction, he is BARRED from filing any future pleading or motion civil or criminal in this Court, except a Notice of Appeal or proper motion to proceed in forma pauperis on appeal in this action. If Plaintiff attempts to file a document (other than the two noted exceptions) with this Court without paying the sanction or demonstrating that it has been paid in full, the Clerk of the Court shall docket such filing for administrative purposes only and immediately terminate the motion or close any new case resulting from the filing after placing a copy of this order in the case file. The Court will not otherwise address or acknowledge submissions that are filed without payment of the sanction or demonstration that the sanction has been paid. The sanctions previously imposed against Plaintiff remain in effect, and he is WARNED that additional sanctions may be imposed for further abuses of the litigation process or disregard for orders of the court. (See Order for further specifics.) (Ordered by Judge Ed Kinkeade on 4/14/2009) (twd) |