STEELE v. ARAMARK FOOD SERVICE CORP. 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. SECTION 1915(g); THE CLERK OF COURT SHALL MARK THIS CASE CLOSED STATISTICALLY.. SIGNED BY JUDGE MICHAEL M. BAYLSON ON 7/2/07. 7/3/07 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(lvj, )

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STEELE v. ARAMARK FOOD SERVICE CORP. et al Doc. 2 Case 2:07-cv-02664-MMB Document 2 Filed 07/03/2007 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JONATHAN STEELE ON BEHALF OF THE UNITED STATES OF AMERICA : : : : v. : : ARAMARK FOOD SERVICE CORP., et al.: CIVIL ACTION NO. 07-2664 MEMORANDUM BAYLSON, J. JULY , 2007 Plaintiff, an inmate, is seeking to bring a civil action without prepayment of fees. 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). There are no allegations in plaintiff's complaint that would suggest that he was in imminent danger of serious physical injury at the time that this action was filed. Furthermore, prior to the filing of the instant case, plaintiff filed numerous civil actions in the United States District Court for the Middle District of Florida. In three of the cases filed in that Court, Civil Action Nos. 04-Civ-432-J-20TEM, 06-Civ-1354-Orl-18KRS and 06-Civ-1475-Orl-28JGG, the Court found that the dismissal in 98208-Civ-Oc-10A filed in the Ocala Division of the District Court and case numbers 97-3407 and 99-14360 filed in the Eleventh Dockets.Justia.com Case 2:07-cv-02664-MMB Document 2 Filed 07/03/2007 Page 2 of 3 Circuit Court of Appeals constituted plaintiff's three strikes under 1915(g). Accordingly, plaintiff's motion to proceed in forma pauperis will be denied. Case 2:07-cv-02664-MMB Document 2 Filed 07/03/2007 Page 3 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JONATHAN STEELE ON BEHALF OF THE UNITED STATES OF AMERICA : : : : v. : : ARAMARK FOOD SERVICE CORP., et al.: ORDER AND NOW, this day of July, 2007, in accordance CIVIL ACTION NO. 07-2664 with the accompanying memorandum, IT IS HEREBY ORDERED that: 1. Plaintiff's motion for leave to proceed in forma pauperis is DENIED pursuant to 28 U.S.C. 1915(g); 2. statistically. BY THE COURT: The Clerk of Court shall mark this case CLOSED /S/ MICHAEL M. BAYLSON, J.

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