Reis v. Spectrum Health Systems, Inc. et al
Filing
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Judge William G. Young: ORDER entered denying 2 Motion for Leave to Proceed in forma pauperis; denying 6 Motion for Protective Order. If the plaintiff wishes to pursue this action, he must, within 42 days of the date of this order, pay the $350.00 filing fee. (PSSA, 3)
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
ALEX REIS,
Plaintiff,
v.
SPECTRUM HEALTH SYSTEMS, INC.,
et al.,
Defendants.
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CIVIL ACTION NO.
12-12275-WGY
ORDER
YOUNG, D.J.
March 19, 2013
On December 6, 2012, Alex Reis, who is a prisoner at MCIShirley, filed a self-prepared civil rights complaint under 42
U.S.C. § 1983 and state law.
complaint.
He later filed an amended
Reis complains that, while participating in a
behavior therapy program at MCI-Shirley from June 27, 2012
through October 5, 2012, he was deprived of his rights under the
First, Eighth and Fourteenth amendments to the United States
Constitution.
He seeks compensatory and punitive damages.
A prisoner must be denied in forma pauperis status if he
has, on three or more prior occasions, had an action or appeal
dismissed on the ground that it was frivolous, malicious, or
failed to state a claim upon which relief may be granted.
U.S.C. § 1915(g).
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Where a prisoner has “three strikes,” he may
only proceed in forma pauperis if he is “under imminent danger of
serious physical injury.”
Id.
Reis has filed cases in this Court under the name Viktor
Rolf Klein.1
At least three of these cases have been dismissed
upon the Court’s conclusion that the case was malicious,
frivolous, or failed to state a claim upon which relief may be
granted.
See Klein v. Geer, C.A. No. 08-11814-MLW (D. Mass. Aug.
16, 2010) (docket entry # 77; granting defendants’ motion to
dismiss under Fed. R. Civ. P. 12(b)(6)); Klein v. Malone, C.A.
No. 09-11174-DPW (D. Mass. Nov. 10, 2011) (electronic order
granting defendants’ motion to dismiss under Fed. R. Civ. P.
12(b)(6)); Klein v. Tocci, C.A. No. 09-11248-GAO (D. Mass. July
1, 2010) (docket entry #35; order granting defendants’ motion to
dismiss under Fed. R. Civ. P. 12(b)(6)); Klein v. Owen, C.A. No.
09-11528-JLT (D. Mass. Nov. 2, 2010) (docket entry #36; order
granting defendant’s motion for judgment on the pleadings); Klein
v. Unknown Prison Official #1, C.A. No. 10-10108-JLT (D. Mass.
Nov. 2, 2010) (docket entry #60; order granting defendants’
motions to dismiss under Fed. R. Civ. P. 12(b)(6)).2
Because
Reis has incurred three or more “strikes” and does not allege
that he “under imminent danger of serious physical injury,” the
Court must deny his motion to proceed in forma pauperis.
Accordingly, the motion for leave to proceed in forma
1
Reis represents that on November 7, 2012, the Norfolk
County Probate Court allowed him to change his name from Viktor
Rolf Klein to Alex Julius Reis. See docket entry # 2-1, at 1.
2
In Klein v. Owen, C.A. No. 09-11528-JLT and Klein v.
Unknown Prison Official #1, C.A. No. 10-10108-JLT, default
judgment was also entered against the plaintiff for failing to
appear for a scheduling conference. However, in both cases, the
Court granted the defendants’ motion to dismiss under Fed. R.
Civ. P. 12(b)(6) for failure to state a claim for relief.
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pauperis (#2) is DENIED WITH PREJUDICE.
If the plaintiff wishes
to pursue this action, he must, within forty-two (42) days of the
date of this order, pay the $350.00 filing fee.
Further, the motion for emergency relief (#6) is DENIED.
appears that this motion is moot because the plaintiff has
successfully filed his amended complaint and several other
documents.
SO ORDERED.
/s/ William G. Young
WILLIAM G. YOUNG
UNITED STATES DISTRICT JUDGE
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