Walker v. Addison
5:25-cv-00032
E.D. Tex.Jun 6, 2025Background
- 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))
