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RAY v. BOHN

United States District Court, E.D. Pennsylvania
Jan 31, 2005
Civil Action No. 05-0340 (E.D. Pa. Jan. 31, 2005)

Opinion

Civil Action No. 05-0340.

January 31, 2005


MEMORANDUM


Plaintiff, an inmate at the Chester County prison, is seeking to bring a pro se 42 U.S.C. § 1983 civil rights action without prepayment of fees. He is alleging that the defendants have violated his constitutional rights because he was a given a fabricated misconduct report, in retaliation for lawsuits that he has filed against members of the staff at the Chester County prison, and that he was denied due process with regard to this misconduct report.

Pursuant to 28 U.S.C. § 1915(g), a prisoner who on three or more prior occasions while incarcerated has filed an action in a federal court that was dismissed as frivolous, malicious, or for failure to state a claim upon which relief may be granted, must be denied in forma pauperis status unless he is in imminent danger of serious physical injury at the time that the complaint is filed. Abdul-Akbar v. McKelvie, 239 F.3d 307 (3d Cir.),cert. denied, 533 U.S. 953 (2001).

Plaintiff has, prior to the instant action, filed three civil rights actions in this Court which were dismissed for failure to state a claim upon which relief may be granted. Furthermore, nothing in this complaint suggests that plaintiff is in imminent danger of serious physical injury. Accordingly, plaintiff's motion to proceed in forma pauperis will be denied.

The three civil actions filed by plaintiff, which were dismissed for failure to state a claim upon which relief may be granted, are as follows: 1) Civil Action No. 04-0810 was dismissed by order of this Court filed September 13, 2004, 2) Civil Action No. 04-0805 was dismissed by order of this Court filed September 13, 2004 and 3) Civil Action No. 04-0558 was dismissed by order of this Court filed September 13, 2004.

ORDER

AND NOW, to wit, this day of January, 2005, in accordance with the accompanying memorandum, IT IS ORDERED that plaintiff's motion for leave to proceed in forma pauperis is DENIED pursuant to 28 U.S.C. § 1915(g). MEMORANDUM

TO: Judge John P. Fullam

FROM: Elaine B. Battle, Pro Se Law Clerk

RE: Ray v. Bohn, et al. Civil Action No. 05-0340

DATE: January 28, 2005

Attached is a proposed memorandum and order denying plaintiff's motion to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(g), because he has had three prior civil rights actions dismissed for failure to state a claim upon which relief may be granted, and there are no allegations in the complaint that would suggest that he is in imminent danger of serious physical injury.

Please let me know what action you decide to take by returning this cover memo to the Staff Attorney's office.

Thank you for your cooperation.

_____ Recommendation approved _____ Recommendation disapproved _____ Date

Attachment


Summaries of

RAY v. BOHN

United States District Court, E.D. Pennsylvania
Jan 31, 2005
Civil Action No. 05-0340 (E.D. Pa. Jan. 31, 2005)
Case details for

RAY v. BOHN

Case Details

Full title:FREDERICK T. RAY, III v. LT. LANCE BOHN, et al

Court:United States District Court, E.D. Pennsylvania

Date published: Jan 31, 2005

Citations

Civil Action No. 05-0340 (E.D. Pa. Jan. 31, 2005)