HOLMES v. REILLY et al

Filing 3

ORDER THAT PLFF'S MOTION TO PROCEED IN FORMA PAUPERIS IS DENIED, ETC. PLFF MAY REINSTATE THIS CASE BY REMITTING THE FILING FEE OF $350 TO THE CLERK OF COURT WITHIN THIRTY DAYS FROM THE DATE OF THIS ORDER; AND THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES.. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 2/16/12. 2/17/12 ENTERED AND COPIES MAILED TO PRO SE(lvj, )

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

CIVIL ACTION

JAMES HOLMES
v.

NO. 12-679

SUPERINTENDENT REILLY, et al.
OR D E R

AND NOW, this

~

A
day of February, 2012, having

considered plaintiff's civil rights complaint, and his motion to
proceed in forma pauperis, it is hereby ORDERED as follows:
1.

Plaintiff's motion to proceed in forma pauperis is

DENIED, pursuant to 28 U.S.C. § 1915(9), for the reason that
plaintiff has, on three or more prior occasions while
incarcerated, had a civil action or appeal dismissed as
frivolous, malicious, or for failure to state a viable claim, and
plaintiff has failed to plead facts which support a reasonable
conclusion that he was in imminent danger of serious physical
injury at the time he filed this civil action;
2.

plaintiff may reinstate this case by remitting the

filing fee of $350 to the Clerk of Court within thirty days from
the date of this order; and
3.

The Clerk of Court shall mark this case CLOSED for

statistical purposes.
BY THE COURT;