Koumjian v. Quarterman et al, No. 4:2008cv02479 - Document 5 (S.D. Tex. 2008)
Court Description: OPINION on Dismissal. (Signed by Judge Lynn N. Hughes) Parties notified.(dkelly, )
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Koumjian v. Quarterman et al Doc. 5 U NITED S TATES D ISTRICT C OURT PAUL JAMES KOUMJIAN, TDCJ 1039181, Plaintiff, versus NATHANIEL QUARTERMAN, ET AL., Defendants. S OUTHERN D ISTRICT OF T EXAS § § § § § § § § § CIVIL ACTION H-08-2479 Opinion on Dismissal Paul James Koumjian sues for mandamus relief. 42 U.S.C. § 1983; 28 U.S.C. § 1651. He is held in the state prison. He moves to proceed as a pauper. Koumjian has sued about 30 other times in the federal district courts in Texas. The district court dismissed three of these lawsuits as frivolous or for failure to state a claim. See Koumjian v. Fry, et al., 5:93cv106 (N.D. Tex.); Koumjian v. Bush, et al., 1:98cv1203 (W.D. Tex.); and Koumjian v. Johnson, et al., 303cv225 (S.D. Tex.). The Court of Appeals for the Fifth Circuit dismissed one of Koumjian s appeals as lacking jurisdiction, noting that it was frivolous. See State of Texas, et al v. Koumjian, 96-50216 (5th Cir.). When Koumjian sued, he was confined in prison or jail. The courts dismissed these other cases before Koumjian filed this case. A prisoner may not bring a case in federal court as a pauper if, while incarcerated, he brought three actions which were dismissed as frivolous or for failure to state a claim, unless he is under imminent danger of serious physical injury. 28 U.S.C. § 1915(g). The three-strikes rule bars mandamus cases. In re Crittenden, 143 F.3d 919, 920 (5th Cir.1998). Koumjian s papers do not show imminent danger. This complaint is dismissed. 28 U.S.C. § 1915(g). Signed August 21, 2008, at Houston, Texas. ______________________________________ Lynn N. Hughes United States District Judge Dockets.Justia.com
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