Opinion
Civil Action No. 06-4389.
November 21, 2006
MEMORANDUM
Plaintiff, an inmate at SCI-Coal Township, is seeking to bring a civil action without prepayment of fees. In his complaint, plaintiff alleges that his constitutional rights were violated by the Pennsylvania Board of Probation and Parole.
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 was in imminent danger of serious physical injury at the time that the complaint was 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 two civil rights actions in this Court which were dismissed as frivolous, and one that was dismissed for failure to state a claim upon which relief may be granted. Furthermore, nothing in this complaint suggests that plaintiff was in imminent danger of serious physical injury at the time that the complaint was filed.
Civil Action No. 96-2739 was dismissed as frivolous by order of this Court dated June 13, 1996. Civil Action No. 96-0879 was dismissed for failure to state a claim upon which relief may be granted by order of this Court dated June 28, 1996. Civil Action No. 96-0608 was dismissed as frivolous by order of this Court dated February 1, 1996.
Accordingly, plaintiff's motion to proceed in forma pauperis will be denied. An appropriate order follows.
ORDER
AND NOW, this ____ day of November, 2006, in accordance with the accompanying memorandum, IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis is DENIED pursuant to 28 U.S.C. § 1915(g).The Clerk of Court shall CLOSE this case statistically.