Opinion
4:22-CV-01243
06-11-2024
JEROME JUNIOR WASHINGTON, Plaintiff, v. DAVID DURST, LPM, et al., Defendants.
ORDER
MATTHEW W. BRANN, CHIEF UNITED STATES DISTRICT JUDGE
AND NOW, this 11th day of June 2024, in accordance with the accompanying Memorandum, IT IS HEREBY ORDERED that:
1. Plaintiff's motion (Doc. 52) for leave to amend is GRANTED.
2. The Clerk of Court is directed to docket Plaintiff's proposed second amended complaint (Doc. 52-1) as Plaintiff's second amended complaint.
3. Plaintiff's second amended complaint is DISMISSED with prejudice as to all Defendants pursuant to 28 U.S.C. § 1915A(b)(1) and 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted.
4. In the event that Plaintiff attempts to appeal in forma pauperis from this Order under the exception provided by Federal Rule of Appellate Procedure 24(a)(3), he may not do so. Plaintiff “is not otherwise entitled to proceed in forma pauperis” because he has incurred at least 3 strikes under 28 U.S.C. § 1915(g). That is, Plaintiff “has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted,” and he is not “under imminent danger of serious physical injury.”
28 U.S.C. § 1915(g); see Washington v. Weiner, 2:16-cv-2487 (E.D. Pa.); Washington v. Weber, 4:21-cv-1746 (M.D. Pa.) Washington v. Myers, 4:22-cv-1858 (M.D. Pa.); Washington v. Wright, 2:22-cv-1201 (W.D. Pa.); Washington v. Britte, 2:22-cv-1202 (W.D. Pa.); Washington v. Kennedy, 2:22-cv-1203 (W.D. Pa.); Washington v. Patrone, 2:22-cv-1204 (W.D. Pa.); Washington v. Silversmith, 2:22-cv-1205 (W.D. Pa.); Washington v. Rowe, 4:23-cv-00124 (M.D. Pa.); Washington v. Salamon, 4:23-cv-1659 (M.D. Pa.).
5. Defendants' motion to dismiss (Doc. 47) is DISMISSED as moot in light of paragraphs 1 through 3 above.
6. The Clerk of Court is directed to CLOSE this case.