CAMPS v. PIERCE et al

Filing 2

MEMORANDUM AND ORDER THAT PLFF'S MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS IS DENIED PURSUANT TO 28 U.S.C. SEC. 1915(g). SIGNED BY JUDGE ROBERT F. KELLY ON 6/1/06. 6/2/06 ENTERED AND COPIES MAILED.(fb)

CAMPS v. PIERCE et al

Doc. 2

Case 2:06-cv-02262-RK

Document 2

Filed 06/01/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CALVIN CAMPS : : v. : : CORRECTIONAL OFFICER, MS PIERCE, et al. : MEMORANDUM ROBERT F. KELLY, J. MAY , 2006 CIVIL ACTION

NO. 06-2262

Plaintiff, an inmate, is seeking to bring a pro se 42 U.S.C. § 1983 civil rights action without prepayment of fees. that he was injured by Correctional Officer Pierce. He alleges

He further

alleges that he was given a "write up" by the defendants to cover up the facts of his injuries. treatment for his injuries. 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 four civil actions in a federal court which were dismissed as frivolous.1 He states that he received medical

The four civil actions filed by plaintiff were as follows: 1) Civil Action No. 95-2603 was dismissed as frivolous by Order of this Court filed May 8, 1995; 2) Civil Action No. 915807 was dismissed as frivolous by Order of this Court filed September 17, 1991; 3) Civil Action No. 91-5765 was dismissed as frivolous by Order of this Court filed September 16, 1991, and 4)

1

Dockets.Justia.com

Case 2:06-cv-02262-RK

Document 2

Filed 06/01/2006

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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.

2

Civil Action No. 90-7617 was dismissed as frivolous by Order of this Court filed December 14, 1990.

Case 2:06-cv-02262-RK

Document 2

Filed 06/01/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CALVIN CAMPS : : v. : : CORRECTIONAL OFFICER, MS PIERCE, et al. : ORDER AND NOW, this day of May, 2006, in accordance with CIVIL ACTION

NO. 06-2262

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).

BY THE COURT:

/S/ ROBERT F. KELLY, J.