Opinion
CIVIL ACTION NO. 4:05-CV-019-A.
January 19, 2005
FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND NOTICE AND ORDER
This cause of action was referred to United States Magistrate Judge pursuant to the provisions of 28 U.S.C. § 636(b), as implemented by an order of the United States District Court for the Northern District of Texas. The findings, conclusions and recommendation of the United States Magistrate Judge are as follows:
FINDINGS AND CONCLUSIONS:
A. NATURE OF THE CASE
This action is a complaint for relief under 42 U.S.C. § 1983.
B. PARTIES
Plaintiff Jerry Lynn Johns, also know as Kevin Lynn Revels, Texas Department of Criminal Justice (TDCJ) No. 654284, is currently confined in the Estelle Unit in Huntsville, Texas. Former Tarrant County Sheriff David Williams is named as the defendant. No process has been issued to Defendant in this case.
C. PRELIMINARY CONSIDERATION
By order dated January 6, 2005, this prisoner pro-se action was transferred from the United States District Court for the Southern District of Illinois to this the Fort Worth division of the United States District Court for the Northern District of Texas. Plaintiff accompanied the complaint with a motion to proceed in forma pauperis. Plaintiff, identifying himself as "Jerry Lynn Johns," acknowledges in the complaint and correspondence that he is the same TDCJ inmate as Kevin Lynn Revels. Revels's repeated abuse of the in-forma-pauperis filing privilege is well documented as shown by orders of the Southern and Eastern Districts of Texas attached as exhibits hereto. See Revels (aka Johns) v. Dretke, No. H-04-3152 (S.D.Tex. Sep. 22, 2004); Revels v. Lamb, No. 9:03-CV-243 (E.D.Tex. Oct. 15, 2003). As noted, each of these courts has previously assessed a monetary sanction of $100.00 against Revels. The Eastern District barred Revels from filing further suits until the monetary sanction was paid. There is no indication in the records of either the Eastern District of Texas or the Southern District of Texas, nor in Revels's pleadings in this case, that these sanctions have been paid.
This Court's Miscellaneous Order No. 48 provides that courts in this the Northern District of Texas shall observe and enforce sanctions imposed by other federal courts in Texas involving Texas Department of Criminal Justice inmates who file pleadings in this district. Because Revels has previously abused the process of filing in-forma-pauperis actions under 28 U.S.C. § 1915, and because he has not paid the monetary sanction assessments imposed upon him by the Eastern and Southern Districts of Texas, his motion for leave to file in forma pauperis should be denied, and this action should be dismissed.
RECOMMENDATION
It is therefore RECOMMENDED that Jerry Lynn Johns a/k/a Kevin Lynn Revels's motion for leave to proceed in forma pauperis be denied, and that this action be dismissed.
NOTICE OF RIGHT TO OBJECT TO PROPOSED FINDINGS, CONCLUSIONS AND RECOMMENDATION AND CONSEQUENCES OF FAILURE TO OBJECT
Under 28 U.S.C. § 636(b) (1), each party to this action has the right to serve and file written objections to the United States Magistrate Judge's proposed findings, conclusions and recommendation within ten (10) days after the party has been served with a copy of this document. The court is extending the deadline within which to file specific written objections to the United States Magistrate Judge's proposed findings, conclusions and recommendation until February 9, 2005. The United States District Judge need only make a de novo determination of those portions of the United States Magistrate Judge's proposed findings, conclusions, and recommendation to which specific written objection is timely made. See 28 U.S.C. § 636(b) (1). Failure to file by the date stated above a specific written objection to a proposed factual finding or legal conclusion will bar a party, except upon grounds of plain error or manifest injustice, from attacking on appeal any such proposed factual finding and legal conclusion if it has been accepted by the United States District Judge. See Douglass v. United Services Auto Ass'n, 79 F.3d 1415, 1428-29 (5th Cir. 1996) (en banc); Carter v. Collins, 918 F. 2d 1198, 1203 (5th Cir. 1990).
ORDER
Under 28 U.S.C. § 636, it is ORDERED that Petitioner is granted until February 9, 2005 to serve and file written objections to the United States Magistrate Judge's proposed findings, conclusions and recommendation.
It is further ORDERED that the above-styled and numbered action, previously referred to the United States Magistrate Judge for findings, conclusions and recommendation, be and is hereby, returned to the docket of the United States District Judge.
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION
KEVIN LYNN REVELS, § (A/K/A JERRY LYNN JOHNS) § (TDCJ-CID 654284) § Petitioner, §§ vs. § CIVIL ACTION NO. H-04-3152. § DOUGLAS DRETKE, § Respondent. §MEMORANDUM AND OPINION
Kevin Lynn Revels, a/k/a Jerry Lynn Johns, an inmate of the Texas Department of Criminal Justice — Correctional Institutions Division ("TDCJ-CID"), has filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254. He complains of a 1993 conviction and sentence.
Revels has filed number suits and petitions in federal court. In Civil Action Number H-02-927, the judge dismissed Revels's petition, noting that Revels had filed earlier lawsuits raising similar claims. See Revels v. Cockrell, Civil Action No. H-02-0436 (S.D. Tex.); Revels v. Cockrell, Civil Action No. H-02-0128 (S.D. Tex.); Revels v. Cornyn, Civil Action No. H-00-1467 (S.D. Tex.); Revels v. Woods, Civil Action No. H-01-0332 (S.D. Tex.); Revels v. Johnson, Civil Action No. H-00-1201 (S.D. Tex.); Revels v. Johnson, Civil Action No. H-00-0997 (S.D. Tex.). The judge in Jerry Lynn Johns v. Cockrell imposed a $100 fine as a sanction for Revels's bad faith and duplicitous filings, noting that Revels had
EXHIBIT A Revels has not paid any portion of the sanction.
A review of the national prisoner case index shows that Revels has filed at least sixty-four lawsuits while incarcerated, including at least thirty-two habeas corpus petitions. Revels is barred from filing any pro se habeas corpus pleadings in any district within the United States Court of Appeals for the Fifth Circuit because of his abusive filing practices. See In re: Kevin Revels, Nos. 98-11217 and 98-11423 (5th Cir.); see also Revels v. Cornyn, Civil Action No. H-01-1467 (S.D. Tex. Nov. 6, 2001) (dismissing a habeas proceeding filed by Revels as barred under the Fifth Circuit's sanction order).The petition filed by Kevin Lynn Revels, a/k/a Jerry Lynn Johns, (TDCJ-CID #654284) is DISMISSED because Revels is barred from proceeding pro se in federal court and he has not paid the outstanding sanction.
SIGNED on September 22, 2004, at Houston, Texas.
____________________________ Lee H. Ro senthal United States District Judge
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION
KEVIN LYNN REVELS, #654284 §VS. § CIVIL ACTION NO. 9:03cv243
BRIDGET LAMB §
ORDER OF DISMISSAL
Came on for consideration, Plaintiff Kevin Lynn Revels' motion requesting permission to file a civil rights lawsuit against Bridget Lamb, the Houston County Clerk. Revels is confined in the Texas prison system. In the present proposed civil rights lawsuit, he is complaining about his confinement in prison and the role of the Defendant in such confinement. Revels filed the lawsuit in the United States District Court for the Western District of Texas, Waco Division, which transferred the case to this Court. The transfer order specified that the Court did not consider Revels' request for permission to file.
Revels is well known for abuse of the Court. The national prison litigation index lists 52 lawsuits filed by him. He has been sanctioned repeatedly by this Court and by the Fifth Circuit for his relentless abuse of the judicial process. See Revels v. Director, Civil Action No. 9:97cv207 (E.D. Tex. Sept. 17, 1997) (Revels sanctioned $100.00 and barred from filing further cases until the sanctions are paid); In re Revels, No. 98-11423 (5th Cir. Dec. 23, 1998) (Revels barred from filing any pro se habeas pleading in the Fifth Circuit or in any court subject to its jurisdiction without advanced written permission from a judge of the forum court). Revels did not show that he has satisfied the sanctions which were imposed by this Court, and the records of this Court reveal that
EXHIBIT B the sanctions have not been paid. It is further noted that Revels previously attempted to circumvent the various sanctions orders by filing a lawsuit concerning his conviction in the Southern District of Texas, but the lawsuit was dismissed and Revels was sanctioned an additional $100.00 in Civil Action No. H-02-0927 (S.D. Tex. March 25, 2002). Revels has once again attempted to circumvent the sanctions orders by filing the present lawsuit in the Western District of Texas, which transferred the case to this Court. He is once again complaining about his conviction, but he is barred from doing so. It is accordingly ORDERED that the motion requesting permission to file a civil rights lawsuit against Bridget Lamb is DENIED. It is furtherORDERED that the lawsuit is DISMISSED with prejudice. All motions not previously ruled on are DENIED.
SIGNED this 8th day of October, 2003.
________________________ JOHN HA NNAH, JR. UNITED STATES DISTRICT JUDGE