FAISON v. BANK OF AMERICA et al
MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 4/28/11. 4/28/11 ENTERED AND COPIES MAILED TO PRO SE PETITIONER. (jpd)
IN THB UNITED STATBS DISTRICT COURT
POR THB EASTERN DISTRICT OP PENNSYLVANIA
MATTHEW PAISON, JR.
ON BBHALP OP HIMSBLP AND ALL
OTHER SIMILARLY SITUATED
BANX OP AMERICA
VICE-PRESIDENT, et ale
Plaintiff, an inmate, is seeking to bring a civil action
without prepayment of fees.
Pursuant to 28 U.S.C.
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. McKelyie,
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.
prior to the filing of the instant case, plaintiff filed three or
more actions, which were dismissed as frivolous or for failure to
state a claim upon which relief may be granted. 1
By Order filed May 24, 2002, the United States District
Court for the Northern District of California, in Civil Action
No. 02-2064, dismissed plaintiff's complaint without leave to
amend, citing Neitzke v. Williams, 490 U.S. 319, 328 (1989). In
the United States District Court for the Middle District of
Accordingly, plaintiff's motion to proceed in forma
pauperis will be denied.
Florida, in Civil Action No. 01-690, the Court dismissed
plaintiff's complaint as frivolous by Order dated December 28,
In Civil Action No. 99-1182, the United States District
Court for the Middle District of Florida dismissed plaintiff's
complaint for failure to state a claim upon which relief may be
granted by Order dated December 3, 1999.
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