Opinion
CIVIL ACTION NO.: 4:16CV158-GHD-DAS
07-18-2016
WILLIAM NELSON, III PLAINTIFF v. TIMOTHY MORRIS, ET AL. DEFENDANTS
ORDER OF DISMISSAL
This matter comes before the Court, sua sponte, for consideration of dismissal. Plaintiff, an inmate proceeding pro se and in forma pauperis, filed the instant suit under 42 U.S.C. § 1983 alleging that he was the victim of excessive force by Defendants, all of whom are correctional staff members at the Mississippi State Penitentiary.
Because Plaintiff has been permitted to proceed in forma pauperis in this action, his complaint is subject to sua sponte dismissal under the Prison Litigation Reform Act ("PLRA"). See 28 § U.S.C. 1915(e)(2); see also 28 U.S.C. § 1915A (subjecting prisoner complaint to preliminary screening regardless of in forma pauperis status). Pursuant to the PLRA, the Court is obligated to evaluate the complaint and dismiss it if it is "frivolous or malicious," if it "fails to state a claim upon which relief may be granted," or if it "seeks monetary relief against a defendant who is immune from such relief." § 1915(e)(2).
Plaintiff already has a pending § 1983 action against these Defendants involving the incident of excessive force alleged by Plaintiff in the instant action. See Nelson, III v. Morris, 4:16cvl27-DMB-JMV, No. 4:16cvl27. Because Plaintiff has filed the instant lawsuit raising claims that duplicate his claims in a pending lawsuit, this action is dismissed with prejudice under 28 U.S.C. § 1915 as malicious. See Pittman v. Moore, 980 F.2d 994, 994-95 (5th Cir. 1993); Marts v. Hines, 117 F.3d 1504, 1506 (5th Cir. 1997) (noting claim dismissed as malicious under § 1915 should be with prejudice).
SO ORDERED this 18th day of July, 2016.
/s/_________
SENIOR U.S. DISTRICT JUDGE