Holloway v. Hornsby

United States Court of Appeals,

Fifth Circuit.

No. 93-3729

Summary Calendar.

Allen J. HOLLOWAY, Plaintiff-Appellant,

v.

Michael HORNSBY, Prison Guard, and Richard Stalder, Secretary,
Department of Corrections, State of Louisiana, Defendants-
Appellees.

June 24, 1994.

Appeal from the United States District Court for the Eastern
District of Louisiana.

Before POLITZ, Chief Judge, HIGGINBOTHAM and DeMOSS, Circuit
Judges.

POLITZ, Chief Judge:

Allen J. Holloway appeals the 28 U.S.C. § 1915(d) dismissal of

his pro se in forma pauperis 42 U.S.C. § 1983 action alleging

denial of access to prison grievance procedures and to being

subjected to threats and taunts for filing prior grievances. The

district court found the action frivolous. We affirm the dismissal

and caution Holloway that further frivolous filings will result in

the imposition of the full panoply of sanctions available to the

court.

Holloway is an incessant litigator. While confined in the

Orleans Parish prison he filed at least 22 in forma pauperis

actions against Charles C. Foti, Jr., the Orleans Parish sheriff,

and other prison officials. He prevailed once; the other actions

were dismissed or administratively closed. He currently is

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incarcerated at Washington Correctional Institute. Since his

arrival at WCI, Holloway has filed not less than 19 pro se in forma

pauperis complaints against the Louisiana Secretary of Corrections,

the Warden, and other WCI officials. Most actions have been

dismissed.

At least six of the complaints previously filed allege that

Holloway was abused or that he was the subject of retaliation

because he had initiated prison grievance procedures. When the

instant complaint was reviewed by the magistrate judge three of

these six had been dismissed; the remainder are pending.

Holloway persists in repeated filings of the same complaints.

In a careful and comprehensive report, the magistrate judge

recommended dismissal of the instant complaint as frivolous. The

district court adopted that recommendation.

It is very important to our treasured system of justice that

our courts be open to anyone with a case or controversy presenting

a justiciable claim. Ready access to our court system, including

access by those who are incarcerated, is recognized as a valuable

constitutional right, one to be carefully guarded. Complaints

about the validity of incarceration or the treatment accorded

inmates are entitled to timely and meaningful consideration.

Frivolous cases harm the justice system. The brunt of the

harm is borne by those who seek and are entitled to relief from our

courts. This particularly applies to those in custody whose ready

access necessarily is limited. When frivolous complaints consume

inordinate amounts of scarce judicial resources, valid complaints

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suffer from delay and all of the negative aspects of delay. The

frivolous filings by Holloway poses such a burden on legitimate

complaints. We will permit that imposition no longer.

The judgment of the district court is affirmed. Holloway is

admonished that if another frivolous filing by him is brought to

the attention of this court we shall consider the full range of

sanctions, including directing all district clerks of court in this

circuit to reject any filing from him unless he first receives the

specific permission to make such filing from a district judge of

the subject district or from an active judge of this court.

Judgment AFFIRMED. Admonition issued.

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