History
  • No items yet
midpage
Walker v. Addison
5:25-cv-00032
E.D. Tex.
Jun 6, 2025
Read the full case

Background

  • Plaintiff Willis Walker, proceeding pro se, filed a civil rights suit alleging improper continued detention despite grand jury actions recommending release.
  • Named defendants: State District Judge Jeff Addison, public defender Deborah Moore, and Bowie County.
  • Walker sought to proceed in forma pauperis, but the Magistrate Judge found Walker had previously filed at least three cases dismissed as frivolous or for failure to state a claim.
  • The court found Walker did not show imminent danger of serious physical injury relating to the claims in this suit, a requirement for in forma pauperis status under 28 U.S.C. § 1915(g).
  • Walker's objections restated his allegations and raised unrelated medical issues, but did not address the statutory bar to proceeding in forma pauperis.
  • The District Judge conducted a de novo review and affirmed the Magistrate's recommendation, dismissing the case without prejudice to refiling upon payment of the full filing fee or proof of imminent danger.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Eligibility for in forma pauperis status Walker claimed ongoing injury and need to proceed IFP Prior cases dismissed as frivolous; no imminent danger shown Walker barred from IFP status under § 1915(g)
Legality of continued detention Walker alleges improper detention post-grand jury No objection/argument at this stage Not addressed on merits; dismissed as procedurally barred
Medical needs in jail Walker asserts untreated serious medical problems Not addressed on merits Not reached; not related to claims at issue
Opportunity to refile Walker seeks to proceed Barred by IFP status unless fee paid or danger shown May refile case upon full fee payment or with evidence of imminent danger

Key Cases Cited

  • Baños v. O'Guin, 144 F.3d 883 (5th Cir. 1998) (interpreting and applying the 'three strikes' rule under 28 U.S.C. § 1915(g))
Read the full case

Case Details

Case Name: Walker v. Addison
Court Name: District Court, E.D. Texas
Date Published: Jun 6, 2025
Docket Number: 5:25-cv-00032
Court Abbreviation: E.D. Tex.