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Taylor v. Pennington

United States District Court, N.D. Mississippi, Greenville Division

November 7, 2017

CHARLIE LEE TAYLOR PLAINTIFF
v.
RICHARD PENNINGTON, ET AL. DEFENDANTS

          MEMORANDUM OPINION

          Sharion Aycock, U.S. DISTRICT JUDGE

         This matter comes before the court on the pro se prisoner complaint of Charlie Lee Taylor, who challenges the conditions of his confinement under 42 U.S.C. § 1983. For the purposes of the Prison Litigation Reform Act, the court notes that the plaintiff was incarcerated when he filed this suit. The plaintiff has brought the instant case under 42 U.S.C. § 1983, which provides a federal cause of action against “[e]very person” who under color of state authority causes the “deprivation of any rights, privileges, or immunities secured by the Constitution and laws.” 42 U.S.C. § 1983. The plaintiff makes allegations ranging from unfair internal procedures by a prison religious organization to unlawful lockdowns in his prison unit, to denial of adequate medical care. For the reasons set forth below, all of the plaintiff's claims, other than denial of adequate medical care, will be dismissed.

         Charlie Lee Taylor's History of Filing Meritless Cases and Claims

          Before proceeding, the court must note Mr. Taylor's lengthy history of abusing the judicial process. Mr. Taylor is no stranger to this court, as he has filed many cases here - and is always a litigant with, to say the least - a brisk motion practice. His filings are often lengthy and meandering. As detailed below, he has been sanctioned by this court, the Fifth Circuit Court of Appeals, and the United States Supreme Court for filing a host of meritless suits and appeals of adverse rulings.

         Charlie Taylor's Strikes, Frivolous Dismissals, and Sanctions: Twelve Strikes Accumulated

         Cases Originating in the Northern District

         1/11/1999: Taylor v. Bryan, 1:98CV222-LTS - Dismissed, frivolous

         3/13/2001: Taylor v. Pennington, 4:01CV198-WAP-JAD - Dismissed, frivolous

         9/3/2002: Taylor v. Davidson, 1:02MC6-JAD - Dismissed, failure to state a claim. Sanction imposed, pauper status denied, must seek permission to file future complaints.

         3/18/2004: Taylor v. Carlize, 4:04CV24-MPM-DAS - Dismissed, failure to state a claim

         5/26/2004: Taylor v. Milton, 4:04CV133-WAP-SAA - Dismissed, failure to state a claim

3/28/2005: Fifth Circuit: Taylor v. Milton, 04-60569 - Dismissed, frivolous
10/14/2005: Supreme Court: Taylor v. Milton - Imposed sanction, precluded from proceeding as a pauper

         4/20/2005: Taylor v. Stanciel, 4:04CV339-WAP-SAA - Dismissed, failure to state a claim, court imposed sanction requiring Taylor to submit proposed complaints to the Chief Judge for screening

11/2/2006: Fifth Circuit: Taylor v. Stanciel, 05-60428 - Dismissed, frivolous, $500 sanction
8/3/2007: Sanction paid

         10/26/2006: Fifth Circuit: Taylor v. Cabano, 05-60526 - Dismissed, frivolous

         4/10/2012: Taylor v. Sparkman, 4:11CV98-GHD-SAA - Complaint returned - did not seek permission to proceed with complaint as required in previous sanction

         Cases Originating in the ...


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