Butler v. Lumpkin

Souther District of Texas

ENTERED

IN THE UNITED STATES DISTRICT COURT wena □□

FOR THE SOUTHERN DISTRICT OF TEXAS

HOUSTON DIVISION

NORTHINGTON BUTLER, §

TDCJ #01572952 §

Petitioner, :

v. : CIVIL ACTION NO. H-24-3195

BOBBY LUMPKIN, :

Respondent. ;

MEMORANDUM OPINION AND ORDER

Northington Butler, an inmate in the Texas Department of Criminal Justice — Correctional

Institutions Division (TDCJ), initiated this civil action by filling out and filing a form Petition for

a Writ of Habeas Corpus by a Person in State Custody Under 28 U.S.C. § 2254. (Docket Entry

No. 1). After reviewing this document as required under Rule 4 of the Rules Governing Section

2254 Cases in the United States District Courts, the court concludes that this action must be

dismissed. The reasons are explained below.

Background

In 2009, Butler was sentenced to 35 years in TDCJ based on three Texas state court

convictions for aggravated robbery. See Inmate Info. Search, Tex. Dep’t of Crim. Just.,

https://inmate.tdcj.texas.gov/InmateSearch/start (last visited Dec. 16, 2024). Butler’s habeas

petition does not challenge his conviction or sentence, and he does not seek relief from a prison

disciplinary conviction or a parole decision. Instead, Butler challenges his confinement in

administrative segregation under the Fourteenth Amendment’s Due Process Clause. (See Docket

Entry No. \ at 6; Docket Entry No. I-1 at 1-3). He alleges that he has been confined in

administrative segregation for over 3,000 days. (Docket Entry No. 1-1 at 1). He seeks release

from administrative segregation and transfer to a different prison unit. (See Docket Entry No. | at

7).

I. Discussion

Butler’s petition challenges his confinement in administrative segregation. The court must

decide whether the claim Butler asserts is a civil-rights claim or a claim that sound in habeas.

The “core issue in determining whether a prisoner must pursue habeas corpus relief rather

than a civil rights action is to determine whether the prisoner challenges the ‘fact or duration’ of

his confinement or merely challenges the rules, customs, and procedures affecting ‘conditions’ of

confinement.” Cook v. Tex. Dep't of Crim. Just. Transitional Plan. Dep’t, 37 F.3d 166, 168 (5th

Cir. 1994) (quoting Spina v. Aaron, 821 F.2d 1126, 1128 (Sth Cir. 1987)). If a favorable

determination would not entitle the prisoner to an earlier release from confinement, then the

complaint is construed as one for civil rights violations under 42 U.S.C. § 1983. See Orellana v.

Kyle, 65 F.3d 29, 31 (Sth Cir. 1995). Butler’s federal petition does not challenge the fact or

duration of his confinement, and a favorable determination of the claim would not entitle Butler

to an earlier release date. The claim is properly construed as challenging his conditions of

confinement. See Carson v. Johnson, 112 F.3d 818, 821 (5th Cir. 1997) (holding that inmate’s

claim challenging his confinement in administrative segregation was properly characterized as a

§ 1983 suit). .

Claims challenging an inmate’s conditions of confinement must be brought in a civil-rights

action under 42 U.S.C. § 1983. See, e.g., Poree v. Collins, 866 F.3d 235, 243 (Sth Cir. 2017).

Civil-rights claims are not actionable in federal habeas proceedings. See Preiser v. Rodriguez, 411

U.S. 475, 500 (1973); see also Poree, 866 F.3d at 243 (explaining that “challenges to the fact or

duration of confinement are properly brought under habeas, while challenges to the conditions of

confinement are properly brought under § 1983”).

The Fifth Circuit has advised that if a prisoner has filed a civil-rights suit under 42 U.S.C.

§ 1983 that contains both habeas and civil rights claims under § 1983, the district court should

separate the claims and decide the § 1983 claims. See Orellana, 65 F.3d at 31 (citing Serio v.

Members of La. State Bd. of Pardons, 821 F.2d 1112, 1119 (5th Cir. 1987)). It is not appropriate,

however, to consider civil-rights claims in a habeas proceeding because of requirements posed by

the Prison Litigation Reform Act (PLRA). Unlike habeas proceedings, the PLRA requires

prisoners asserting civil-rights claims under § 1983 to pay the filing fee for a civil action even if

the prisoner receives leave to proceed without prepaying the filing fee.1 See 28 U.S.C. § 1915(b).

Additionally, a court is required by the PLRA to review the pleadings and dismiss an action if it

(i) is frivolous or malicious; (11) fails to state a claim on which relief may be granted; or (iii) seeks

monetary relief against a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B);

see also 28 U.S.C. § 1915A(b) (setting forth the same grounds). A prisoner who incurs three

dismissals or “strikes” loses his eligibility to proceed without prepaying the filing fee and may be

barred from filing suits unless he can show that he is under imminent danger of serious physical

injury. See 28 U.S.C. § 1915(g).

_ | The filing fee for a federal habeas proceeding is $5.00 and the fee for a civil action is

$350.00, plus a $55.00 administrative fee. See 28 U.S.C. § 1914(a)-(b); Schedule of Fees, United

States District & Bankruptcy Court Southern District of Texas (last updated Dec. 1, 2023),

https://www.txs.uscourts.gov/page/FeeSchedule. If a prisoner qualifies for leave to proceed

without prepaying the filing fee and the $55.00 administrative fee is waived, the prisoner must still

pay the $350.00 filing fee by installment from his inmate trust fund account. See 28 U.S.C.

§ 1915(b).

Because Butler has not raised any habeas claims in the § 2254 petition, the court dismisses

the petition, without prejudice. If Butler wishes to pursue claims challenging his alleged wrongful

confinement in administrative segregation, he must file a separate civil suit under 42 U.S.C.

§ 1983, subject to PLRA requirements. Butler may use the enclosed form complaint. If Butler

wishes to pursue any civil-rights claims, the complaint must be filed in a United States District

Court that has jurisdiction over the claims asserted in the complaint.

Til. Conclusion and Order

The court orders as follows:

1. Any pending motions are denied as moot.

2. A certificate of appealability is denied.

3. This case is dismissed without prejudice.

The Clerk will provide a copy of this order to Butler. The Clerk will also provide a blank

copy of a form Prisoner’s Civil Rights Complaint to Butler.

SIGNED on January 15, 2025, at Houston, Texas.

Lee H. Rosenthal

Senior United States District Judge

CIVIL RIGHTS COMPLAINT (Rev. 12/2023)

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF TEXAS

DIVISION

Name and ID Number

of Confinement

CASE NO.

(Clerk will assign the number)

Name and Address .

Name and Address

Name and Address

NOT USE “ET AL.”)

INSTRUCTIONS - READ CAREFULLY

complaint is subject to dismissal unless it conforms to these instructions and this form.

To start an action you must file an original and one copy of your complaint with the court. You should keep

copy of the complaint for your own records.

Your complaint must be legibly handwritten, in ink, or typewritten. You, the plaintiff, must sign and declare

penalty of perjury that the facts are correct. If you need additional space, DO NOT USE THE REVERSE

OR BACK SIDE OF ANY PAGE. ATTACH AN ADDITIONAL BLANK PAGE AND WRITE ON IT.

You must file a separate complaint for each claim you have unless the various claims are all related to the same

or issue or are all against the same defendant, Rule 18, Federal Rules of Civil Procedure. Make a short and

statement of your claim, Rule 8, Federal Rules of Civil Procedure.

When these forms are completed, mail the original and one copy to the clerk of the United States district court

the appropriate district of Texas in the division where one or more named defendants are located, or where the

giving rise to your claim for relief occurred. If you are confined in the Texas Department of Criminal

Correctional Institutions Division (TDCJ-CID), the list labeled as “VENUE LIST” is posted in your unit

library. It is a list of the Texas prison units indicating the appropriate district court, the division and an address

of the divisional clerks.

FEE AND IN FORMA PAUPERIS (IFP)

1, In order for your complaint to be filed, it must be accompanied by the statutory filing fee of $350.00 plus an

fee of $55.00 for a total fee of $405.00.

Ifyou do not have the necessary funds to pay the fee in full at this time, you may request permission to proceed

forma pauperis. In this event you must complete the application to proceed in forma pauperis, setting forth

to establish your inability to prepay the fees and costs or give security therefor. You must also include

current six-month history of your inmate trust account. If you are an inmate in TDCJ-CID, you can acquire the

to proceed in forma pauperis and the certificate of inmate trust account, also known as in forma

data sheet, from the law library at your prison unit.

The Prison Litigation Reform Act of 1995 (PLRA) provides “...if a prisoner brings a civil action or files an

in forma pauperis, the prisoner shall be required to pay the full amount of a filing fee.” See 28 U.S.C,

1915. Thus, the court is required to assess and, when funds exist, collect, the entire filing fee or an initial partial

fee and monthly installments until the entire amount of the filing fee has been paid by the prisoner. If you

the application to proceed in forma pauperis, the court will apply 28 U.S.C. § 1915 and, if appropriate,

and collect the entire filing fee or an initial partial filing fee, then monthly installments from your inmate trust

until the entire $350.00 statutory filing fee has been paid. (The $55.00 administrative fee does not apply

cases proceeding in forma pauperis.)

Ifyou intend to seek in forma pauperis status, do not send your complaint without an application to proceed

forma pauperis and the certificate of inmate trust account. Complete all essential paperwork before submitting

to the court.

OF ADDRESS

is your responsibility to inform the court of any change of address and its effective date. Such notice should be

“NOTICE TO THE COURT OF CHANGE OF ADDRESS?” and shall not include any motion for any

relief. Failure to file a NOTICE TO THE COURT OF CHANGE OF ADDRESS may result in the dismissal

your complaint pursuant to Rule 41(b), Federal Rules of Civil Procedure.

PREVIOUS LAWSUITS:

A. Have you filed any other lawsuit in state or federal court relating to your imprisonment? NO

B. If your answer to “A” is “yes,” describe each lawsuit in the space below. (If there is more than one

lawsuit, describe the additional lawsuits on another piece of paper, giving the same information.)

1. Approximate date of filing lawsuit:

2. Parties to previous lawsuit:

Plaintiff(s)

Defendant(s)

3. Court: (If federal, name the district; if state, name the county.)

4, Cause number:

5. Name of judge to whom case was assigned:

6. Disposition: (Was the case dismissed, appealed, still pending?)

7. Approximate date of disposition:

PLACE OF PRESENT CONFINEMENT:

EXHAUSTION OF GRIEVANCE PROCEDURES:

Have you exhausted all steps of the institutional grievance procedure? YES — NO

Attach a copy of your final step of the grievance procedure with the response supplied by the institution.

PARTIES TO THIS SUIT:

A. Name and address of plaintiff:

B. Full name of each defendant, his official position, his place of employment, and his full mailing address.

Defendant #1:

Briefly describe the act(s) or omission(s) of this defendant which you claimed harmed you.

Defendant #2:

Briefly describe the act(s) or omission(s) of this defendant which you claimed harmed you. ~

Defendant #3:

Briefly describe the act(s) or omission(s) of this defendant which you claimed harmed you.

Defendant #4:

Briefly describe the act(s) or omission(s) of this defendant which you claimed harmed you.

Defendant #5:

Briefly describe the act(s) or omission(s) of this defendant which you claimed harmed you.

STATEMENT OF CLAIM:

State here in a short and plain statement the facts of your case, that is, what happened, where did it happen,

when did it happen, and who was involved. Describe how each defendant is involved. You need not give any

legal arguments or cite any cases or statutes. If you intend to allege a number of related claims, number and

set forth each claim in a separate paragraph. Attach extra pages if necessary, but remember the complaint must

be stated briefly and concisely. IF YOU VIOLATE THIS RULE, THE COURT MAY STRIKE YOUR

COMPLAINT.

RELIEF:

State briefly exactly what you want the court to do for you. Make no legal arguments. Cite no cases or

statutes.

. GENERAL BACKGROUND INFORMATION:

A. State, in complete form, all names you have ever used or been known by including any and all aliases.

B. List all TDCJ-CID identification numbers you have ever been assigned and all other state or federal prison

or FBI numbers ever assigned to you.

I. SANCTIONS:

A. Have you been sanctioned by any court as a result of any lawsuit you have filed? YES NO

B. If your answer is “yes,” give the following information for every lawsuit in which sanctions were

imposed. (If more than one, use another piece of paper and answer the same questions.)

1. Court that imposed sanctions (if federal, give the district and division):

2. Case number:

3. Approximate date sanctions were imposed:

4, Have the sanctions been lifted or otherwise satisfied? YES NO

C. Has any court ever warned or notified you that sanctions could be imposed? YES NO

D. your answer is “yes,” give the following information for every lawsuit in which a warning was issued.

(If more than one, use another piece of paper and answer the same questions.)

1. Court that issued warning (if federal, give the district and division):

2. Case number:

3. Approximate date warning was issued:

on:

DATE

(Signature of Plaintiff)

DECLARATIONS

1. declare under penalty of perjury all facts presented in this complaint and attachments thereto are true and

correct.

2. Tunderstand, if] am released or transferred, it is my responsibility to keep the court informed of my current

mailing address and failure to do so may result in the dismissal of this lawsuit.

3. IT understand I must exhaust all available administrative remedies prior to filing this lawsuit.

4. I understand I am prohibited from bringing an in forma pauperis lawsuit if I have brought three or more

civil actions or appeals (from a judgment in a civil action) in a court of the United States while incarcerated

or detained in any facility, which lawsuits were dismissed on the ground they were frivolous, malicious,

or failed to state a claim upon which relief may be granted, unless I am under imminent danger of serious

physical injury.

5. understand even if I am allowed to proceed without prepayment of costs, I am responsible for the entire

filing fee and costs assessed by the court, which shall be deducted in accordance with the law from my

inmate trust account by my custodian until the filing fee is paid.

this day of , 20 .

(Day) (month) (year)

(Signature of Plaintiff)

Plaintiff is advised any false or deliberately misleading information provided in response to the

questions may result in the imposition of sanctions. The sanctions the court may impose include, but are

limited to, monetary sanctions and the dismissal of this action with prejudice.