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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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