3:25-cv-03345•Kinney v. Securus Technologies
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION TRAMAINE COLLIN KINNEY, § #E39147, § PLAINTIFF, § § V. § CIVIL NO. 3:25-CV-3345-S-BK § SECURUS TECHNOLOGIES, § DEFENDANT. § FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Pursuant to 28 U.S.C. § 636(b) and Special Order 3, this pro se case was referred to the United States magistrate judge for case management, including the issuance of findings and a recommended disposition where appropriate. Plaintiff Tramaine Collin Kinney, an inmate incarcerated in Florida, filed a petition for writ of mandamus against Securus Technologies along with a motion to proceed in forma pauperis. Doc. 3; Doc. 4. Upon review of the relevant pleadings and applicable law, this action should be DISMISSED as barred by three strikes. I. ANALYSIS The “three-strike” provision of the Prison Litigation Reform Act (“PLRA”), 28 U.S.C. § 1915(g), precludes a prisoner from bringing a civil action in forma pauperis if on three or more prior occasions, while confined as a prisoner, he filed civil actions or appeals in federal court that were dismissed as frivolous or malicious, or for failing to state a claim. Jackson v. Johnson, 475 F.3d 261, 265 (5th Cir. 2007); see also Brown v. Megg, 857 F.3d 287, 290-91 (5th Cir. 2017) (“[S]ection 1915(g) comports with the PLRA’s effort ‘to filter out the bad claims filed by prisoners and facilitate consideration of the good.’” (quoted case omitted)). “A dismissal of a Case 3:25-cv-03345-S-BK Document 6 Filed 12/19/25 Page 1 of 4 PageID <pageID>
Page 2 of 4 suit for failure to state a claim counts as a strike, whether or not with prejudice.” Lomax v. Ortiz- Marquez, 590 U.S. ___, 140 S. Ct. 1721, 1727 (2020). Moreover, “a strike issues only when the entire case is dismissed for being frivolous, malicious, or failing to state a claim.” Brown, 857 F.3d at 290-91. Section 1915(g) also precludes prisoners from proceeding in forma pauperis in mandamus actions that are civil in nature—i.e., actions that raise claims that are analogous or arise out of a civil lawsuit to which § 1915(g) applies. In re Crittenden, 143 F.3d 919, 920 (5th Cir. 1998) (per curiam) (holding that where the underlying action is civil in nature, a mandamus action is governed by the PLRA and the three-strike provision). But if the mandamus petition seeks relief in relation to a criminal proceeding, § 1915(g) may not apply. See In re Stone, 118 F.3d 1032, 1034 (5th Cir. 1997) (finding mandamus petition that arose from post-conviction habeas proceeding was not civil in nature and was not subject to PLRA fee payment requirements). Here, Kinney’s petition raises allegations that are analogous to a civil lawsuit. He seeks to compel Securus Technologies to provide him copies of drafts on his prison-issued electronic tablet. Doc. 3 at 1. Thus, the three-strike provision applies. Online research confirms the United States District Court for the Northern District of Florida found Kinney was barred by three strikes under § 1915(g) because he has filed at least four actions that were dismissed for failure to state a claim. Kinney v. Flores, No. 3:25-cv- 00906, 2025 WL 2030583, at *1-2 (N.D. Fla July 10, 2025), rec. accepted, 2025 WL 2030582, at *1 (N.D. Fla., July 21, 2025) (citing Kinney v. Bradford County Sheriffs Dep’t, 3:25cv303 (M.D. Fla. Mar. 28, 2025) (dismissing under 28 U.S.C. §§ 1915(e)(2)(B), 1915A(b) for failure to state a claim); Kinney v. Advent Health Hospital, 3:25cv304/WWB/PDB (M.D. Fla. Apr. 7, Case 3:25-cv-03345-S-BK Document 6 Filed 12/19/25 Page 2 of 4 PageID <pageID>
Page 3 of 4 2025) (same); Kinney v. Reckenseidler, 3:24cv314 (N.D. Fla. Dec. 31, 2024) (dismissing under § 1915A as an impermissible shotgun pleading); Kinney v. Biden, 3:24cv367 (N.D. Fla. Feb. 7, 2025) (dismissing under § 1915(e)(2)(B) as malicious for failure to truthfully disclose his litigation history and for failure to state a claim)). Having accumulated three “strikes,” Kinney is precluded by § 1915(g) from proceeding in this action in forma pauperis unless he alleges that he is in “imminent danger of serious physical injury” at the time of filing the complaint. See Banos v. O’Guin, 144 F.3d 883, 884 (5th Cir. 1998) (per curiam). Kinney has not met that requisite. He only seeks to compel Securus Technologies to provide him copies of drafts on the “emessaging system” tablet. Doc. 3 at 1. Thus, his pleadings are wholly devoid of any allegation of imminent danger of serious physical injury. Therefore, there is no exception to the § 1915(g) bar in this case. II. CONCLUSION Accordingly, Kinney’s motion to proceed in forma pauperis should be DENIED and this action should be DISMISSED as barred by the three-strike provision of 28 U.S.C. § 1915(g). Such dismissal is with prejudice to Kinney refiling an in forma pauperis lawsuit raising the same claims as herein presented, but without prejudice to him refiling this lawsuit with full payment of filing and administrative fees of $405.00. SO RECOMMENDED on December 19, 2025. Case 3:25-cv-03345-S-BK Document 6 Filed 12/19/25 Page 3 of 4 PageID <pageID>
Page 4 of 4 INSTRUCTIONS FOR SERVICE AND NOTICE OF RIGHT TO APPEAL/OBJECT A copy of this report and recommendation will be served on all parties in the manner provided by law. Any party who objects to any part of this report and recommendation must file specific written objections within 14 days after being served with a copy. See 28 U.S.C. § 636(b)(1); FED. R. CIV. P. 72(b). An objection must identify the finding or recommendation to which objection is made, the basis for the objection, and the place in the magistrate judge’s report and recommendation the disputed determination is found. An objection that merely incorporates by reference or refers to the briefing before the magistrate judge is not specific. Failure to file specific written objections will bar the aggrieved party from appealing the factual findings and legal conclusions of the magistrate judge that are accepted or adopted by the district court, except upon grounds of plain error. See Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1417 (5th Cir. 1996), modified by statute on other grounds, 28 U.S.C. § 636(b)(1) (extending the time to object to 14 days). Case 3:25-cv-03345-S-BK Document 6 Filed 12/19/25 Page 4 of 4 PageID <pageID>
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