Hughes v. Gonzalez et al

UNITED STATES DISTRJCT COURT
SOUTHERN DISTRJCT OF TEXAS
HOUSTON DIVISION
DARREN TRAMELL HUGHES, 	§
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Plaintiff,
vs.
ED GONZALEZ, et al.,
Defendants.
§ 	CIVIL ACTION NO. 4:26-CV-03603
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§
§
§
ORDER OF DISMISSAL
Plaintiff Darren Tramell Hughes (SPN 01835303) filed this civil action under 42
U.S.C. § 1983 while in custody of the Harris County Jail. Doc. No. 1. He has not paid the
$405.00 filing fee and seeks to proceed informa paup eris. Doc. No. 2. After reviewing
the pleadings and relevant court records, the Court concludes that this case must be
dismissed for the reasons set forth below.
I. 	DISCUSSION
Under the "three strikes" provision in 28 U.S.C. § 191 S(g), a prisoner is not allowed
to bring a civil action in forma pauperis in federal court if, while incarcerated, three or
more of his civil actions or appeals were dismissed as frivolous , malicious, or for failure to
state a claim for which relief may be granted, unless he is in "imminent danger of serious
physical injury ." 	Id. 	Once a prisoner has accumulated three qualifying dismissals or
strikes for purposes of§ 1915(g), he may not proceed without prepayment of the filing fee
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United States District Court
Southern District of Texas
ENTERED
June 24, 2026
Nathan Ochsner, Clerk
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unless he fits within the imminent-danger exception at the time his complaint is filed. 	See
Banos v. O 'Guin, 144 F.3d 883 , 885 (5th Cir. 1998).
Plaintiff is a "three strikes" inmate who is barred from proceeding informapauperis
pursuant to section 1915(g). 	See, e.g., Hughes v. Apple, Inc. , Civil Action No. 4:20-cv-
2569 (S.D. Tex. Aug. 25 , 2020) (dismissing case for failure to state a claim); Hughes v.
Harris County Sheriff's Office, et al. , Civil Action No. 4:20-cv-2587 (S.D. Tex. Oct. 7,
2020) (dismissing case for failure to state a claim); Hughes v. Martinez, Civil Action No.
4:23-cv-4478 (S.D . Tex. Sept. 3, 2023) (dismissing case for failure to state a claim). 	The
pleadings in this case do not show that the plaintiff is under imminent danger of serious
physical injury or that he fits within the exception found in 28 U.S.C. § 1915(g). Because
the plaintiff is not eligible to proceed in forma pauperis, the Court will dismiss the
complaint without prejudice as barred by § l 9 l 5(g).
II. 	ORDER
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Based on the foregoing, the Court ORDERS as follows:
1. 	This case is DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(g).
2. 	Plaintiffs pending motion to proceed in forma pauperis (Doc. No. 2) is
DENIED.
3. 	Plaintiff may move to reopen this case only if he pays the filing fee of
$405.00 within thirty days of the date of this Order.
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4. 	All other pending motions, if any, are DENIED as MOOT.
The Clerk will enter this Order, providing a correct copy to all parties of record.
SIGNED on this LI., ~
2- 	day ofJune 2026. i}:G )~
ANDREW S. HANEN
UN1TED STATES DISTRICT JUDGE
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