Opinion
Civil Action 2:21-cv-780
07-01-2021
JAMES M. WHITEY BULGER MAFIA MALARIK, et al, Plaintiffs, v. BEAVER COUNTY JAIL ADMINISTRATION, et al, Defendants.
LISA PUPO LENIHAN, J.
ORDER
WILLIAM S. STICKMAN IV UNITED STATES DISTRICT JUDGE
Pending before the Court are the Motion for Leave to Proceed in forma pauperis (“IFP”) filed by James M. Whitey Bulger Mafia Malarik (“Plaintiff') and United States Magistrate Judge Lisa Pupo Lenihan's Report and Recommendation that the motion be denied pursuant to 28 U.S.C. § 1915(g). (ECF Nos. 1 and 4). Magistrate Judge Lenihan determined that Plaintiff filed at least three actions in federal court that were dismissed for failure to state a claim upon which relief may be granted. She concluded that Plaintiff cannot proceed IFP in this action pursuant to § 1915(g) because he was not in imminent danger of serious physical injury at the time he filed his Complaint. (ECF No. 4). Plaintiff was served with the Report and Recommendation and he filed timely Objections, which can only be described as utterly incomprehensive consisting of markings on a copy of Magistrate Judge Lenihan's Report and Recommendation that included rambling lists of names, numbers and various phrases. (ECF No. 5).
After its independent de novo review of the record and consideration of the parties' pleadings, the Court hereby ADOPTS Magistrate Judge Lenihan's Report and Recommendation
After its independent de novo review of the record and consideration of the parties' pleadings, the Court hereby ADOPTS Magistrate Judge Lenihan's Report and Recommendation as its Opinion and overrules Plaintiffs objections. The record before the Court clearly demonstrates that Plaintiff has accumulated three strikes and has not established that he is in imminent danger of serious physical injury.
AND NOW, this 1 st day of July 2021, IT IS HEREBY ORDERED that Plaintiffs Motion for Leave to Proceed IFP (ECF No. 1) is DENIED pursuant to 28 U.S.C. § 1915(g). IT IS FURTHER ORDERED that this action is DISMISSED until such time as Plaintiff pays the full $402.00 filing fee. Even if the other named Plaintiffs - David Lyons, Sr. and Ernest Pooh Thorton, who have not signed the Complaint or submitted their own motions for leave to proceed in forma pauperis - submit motions to proceed in forma pauperis, the case will remain closed until the full $402.00 filing fee is paid. The Clerk of Court is ORDERED to mark this case ADMINISTRATIVELY CLOSED.