2:26-cv-00029•Snellings v. United States Of America et al
Gesamter Gesetzestext
1 / 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION SIDNEY RAY SNELLINGS, Plaintiff, VS. § § § § § § § § § CIVIL ACTION NO. 2:26-CV-00029 UNITED STATES OF AMERICA, et al., Defendants. MEMORANDUM AND RECOMMENDATION TO DISMISS CASE AS BARRED BY THE THREE STRIKES RULE Plaintiff Sidney Ray Snellings, proceeding pro se, has filed this prisoner civil rights complaint pursuant to 42 U.S.C. § 1983. (D.E. 1). Pending before the Court are Plaintiff’s: (1) Motion for Preliminary Injunction (D.E. 2); and (2) Motion to Proceed in forma pauperis (“IFP”) in this action (D.E. 3). As discussed below, a review of Court records reveals that Plaintiff is ineligible to proceed IFP because he has accrued at least three strikes under 28 U.S.C. 1915(g). The undersigned, therefore, respectfully recommends that Plaintiff’s Motion to Proceed IFP (D.E. 3) be DENIED, that his Motion for Preliminary Injunction (D.E. 2) be DENIED as moot, and that his case be DISMISSED without prejudice. Prisoner civil rights actions are subject to the provisions of the Prison Litigation Reform Act, including the three strikes rule, 28 U.S.C. § 1915(g). The three strikes rule provides that a prisoner who has had, while incarcerated, three or more actions or appeals United States District Court Southern District of Texas ENTERED March 05, 2026 Nathan Ochsner, Clerk Case 2:26-cv-00029 Document 14 Filed 03/05/26 in TXSD Page 1 of 7
2 / 7 dismissed as frivolous, malicious, or for failure to state a claim upon which relief can be granted is prohibited from bringing any more actions or appeals IFP. 28 U.S.C. § 1915(g); Baños v. O’Guin, 144 F.3d 883, 884 (5th Cir. 1998) (per curiam); Adepegba v. Hammons, 103 F.3d 383, 388 (5th Cir. 1996). The three strikes rule provides an exception permitting prisoners who are under imminent danger of physical harm to proceed without prepayment of the filing fee. 28 U.S.C. § 1915(g); Baños, 144 F.3d at 884. Plaintiff has had five prior civil rights action dismissed as frivolous or for failure to state a claim for relief. See Snellings v. Montgomery Cnty. Jail Medical Dep’t, No. 4:22- cv-00687 (S.D. Tex. Apr. 11, 2024) (dismissed for failure to state a claim for relief); Snellings v. Garcia, No. 6:23-cv-00119 (E.D. Tex. Oct. 4, 2023) (dismissed for failure to state a claim for relief); Snellings v. Nichols, No. 4:22-cv-00265 (S.D. Tex. Apr. 18, 2022) (dismissed as frivolous and for failure to state a claim for relief); Snellings v. Montgomery Cnty. Sheriff Office, No. 4:17-cv-00343 (S.D. Tex. Apr. 11, 2024) (dismissed as frivolous and for failure to state a claim for relief Snellings v. Jennings, No. 4:15-cv-01708 (S.D. Tex. Aug. 5, 2015) (dismissed for failure to state a claim for relief). Plaintiff, therefore, is barred from proceeding IFP in this prisoner civil rights action unless he can show he is under imminent danger of serious physical injury. This Court must assess whether Plaintiff is exposed to imminent danger of serious injury at the time that he filed this action. Choyce v. Dominguez, 160 F.3d 1068, 1071 (5th Cir. 1998) (per curiam) (citing Baños, 144 F.3d at 884–85). To satisfy the imminent danger requirement of § 1915(g), the threat must be “real and proximate.” Ciarpaglini v. Saini, Case 2:26-cv-00029 Document 14 Filed 03/05/26 in TXSD Page 2 of 7
3 / 7 352 F.3d 328, 330 (7th Cir. 2003) (citation omitted). In addition, the harm must be imminent or occurring at the time the complaint is filed, and the plaintiff must refer to a “genuine emergency” where “time is pressing.” Heimermann v. Litscher, 337 F.3d 781, 782 (7th Cir. 2003) (per curiam) (citation omitted). Congress intended a safety valve to prevent impending harms, not those injuries which allegedly had already occurred. Abdul– Akbar v. McKelvie, 239 F.3d 307, 315 (3d Cir. 2001) (en banc). Plaintiff is a prisoner in the Texas Department of Criminal Justice, Criminal Institutions Division (“TDCJ”). At the time he filed this action, Plaintiff was housed at the TDCJ’s McConnell Unit in Beeville, Texas. Plaintiff’s allegations and claims arise in connection with his stay at the McConnell Unit. He recently submitted a Notice of Change of Address indicating that he is now housed at the Darrington Memorial Unit in Rosharon, Texas. (D.E. 13). Plaintiff’s allegations and claims set forth in his complaint are hard to follow as they are presented in a haphazard and confusing manner. Plaintiff claims that Defendants have violated several constitutional amendments, Texas statutory and regulation provisions, and federal statutes, including the Civil Right Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, Title IX of the Educational Amendments of 1972, and the Americans with Disabilities Act. (D.E. 1-1, pp. 4, 8-9, 12, 15-17). Plaintiff’s states that, as of March 2024, he is an ex-gang member who has been and continues to be confined in administration segregation. (D.E. 1-1, p. 11; D.E. 11, pp. 7-8). Case 2:26-cv-00029 Document 14 Filed 03/05/26 in TXSD Page 3 of 7
4 / 7 Plaintiff clarified at his Spears1 hearing that the claims in this case challenge the denial of his right to continue in his rehabilitation education. (D.E 11, p. 7). Plaintiff specifically complains about the failure of prison officials to place him in the Gang Renouncement and Disassociation (“GRAD”) program in a timely manner. (D.E. 1-1, pp. 11-12). Plaintiff states further that, despite having followed all policies and regulations, he remains in administrative segregation without the ability to access certain trade skill college courses. (D.E. 11, p. 8). According to Plaintiff, the denial of rehabilitation education has interfered with his eligibility for parole. Id. at 7. The Court initially notes that Plaintiff filed a second prisoner civil rights action in which he alleges he suffered cruel and unusual punishment in violation of the Eighth Amendment during his time in administrative segregation at the McConnell Unit. See Snellings v. United States of America, No. 2:26-CV-00041 (S.D. Tex. 2026) (“Snellings II”). It is well settled in the Fifth Circuit that an inmate’s claim of imminent danger must relate to the complaint filed. See Prescott v. UTMB Galveston, Tex., 73 F.4th 315, 321 (5th Cir. 2023) (holding that “there must be a nexus between the supposed imminent danger and the allegations and claims in the underlying suit”); Judd v. Federal Election Comm., 311 F. App’x 730, 731 (5th Cir. 2009) (recognizing that allegations of imminent danger must be relate to the allegations and claims asserted in the complaint). The allegations and claims raised in Snelling II do not relate to the denial-of- rehabilitation-education claims brought against Defendants in this action. As such, 1 Spears v. McCotter, 766 F.2d 179 (5th Cir. 1985). Case 2:26-cv-00029 Document 14 Filed 03/05/26 in TXSD Page 4 of 7
5 / 7 Plaintiff may not successfully claim that he faces imminent danger of serious harm in this action based on any allegations of cruel and unusual punishment suffered in connection with his stay in administrative segregation.2 Upon review of Plaintiff’s complaint and testimony provided at the Spears hearing, Plaintiff’s allegations challenging the delay or denial of his participation in the GRAD program and other rehabilitation education fail to suggest he was exposed to imminent danger of serious injury at the time he submitted this action on January 16, 2026.3 Because he has failed to allege he was in imminent danger of serious physical harm at the time he filed this lawsuit, Plaintiff should be barred from proceeding IFP. Accordingly, the undersigned respectfully recommends that Plaintiff’s Motion to Proceed IFP (D.E. 3) be DENIED, that his complaint be DISMISSED without prejudice, that his Motion for Preliminary Injunction (D.E. 2) be DENIED as moot, and that the Clerk of Court be INSTRUCTED to send notice of this dismissal to the Manager of the Three Strikes List for the Southern District of Texas at Three_Strikes@txs.uscourts.gov. 2 Moreover, the undersigned has entered a Memorandum and Recommendation in Snellings II, recommending that Plaintiff’s second action be dismissed without prejudice as barred by the three-strikes rule because his allegations have failed to establish the imminent danger exception. 3 Under the prison mailbox rule, an inmate’s pleading is deemed filed on the date the pro se inmate submits his pleading to prison authorities for mailing. See Houston v. Lack, 487 U.S. 266, 276 (1988). Plaintiff’s original complaint was signed and dated January 16, 2026. (D.E. 1, p. 5). The undersigned will assume that he deposited the complaint with McConnell Unit prison authorities for mailing on the same day. Thus, the undersigned deems the original complaint (D.E. 1) to have been filed on January 16, 2026. Case 2:26-cv-00029 Document 14 Filed 03/05/26 in TXSD Page 5 of 7
6 / 7 Respectfully submitted on March 5, 2026. _______________________________ Jason B. Libby United States Magistrate Judge Case 2:26-cv-00029 Document 14 Filed 03/05/26 in TXSD Page 6 of 7
7 / 7 NOTICE TO PARTIES The Clerk will file this Memorandum and Recommendation and transmit a copy to each party or counsel. Within FOURTEEN (14) DAYS after being served with a copy of the Memorandum and Recommendation, a party may file with the Clerk and serve on the United States Magistrate Judge and all parties, written objections, pursuant to Fed. R. Civ. P. 72(b), 28 U.S.C. § 636(b)(1), General Order No. 2002-13, United States District Court for the Southern District of Texas. A party’s failure to file written objections to the proposed findings, conclusions, and recommendation in a magistrate judge’s report and recommendation within FOURTEEN (14) DAYS after being served with a copy shall bar that party, except upon grounds of plain error, from attacking on appeal the unobjected-to proposed factual findings and legal conclusions accepted by the District Court. Douglass v. United Servs. Auto Ass’n, 79 F.3d 1415 (5th Cir. 1996) (en banc). Case 2:26-cv-00029 Document 14 Filed 03/05/26 in TXSD Page 7 of 7
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