HOLMES v. REILLY et al

Filing 4

MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 2/17/12. 2/21/12 ENTERED AND COPIES MAILED TO PRO SE PETITIONER. (jpd)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CIVIL ACTION

JAMES HOLMES
v.

NO. 12-679

SUPERINTENDENT REILLY, et al.
MEMORANDUM

I ?~

?

FEBRUARY, 2012

SANCHEZ, J.

Currently before the Court is plaintiff James Holmes's
motion to proceed in forma pauperis.

As this Court recently

concluded that Holmes has accumulated three "strikes" for
purposes of 28 U.S.C.

§

1915(g), see Holmes v. Reilly, E.D. Pa.

Civ. A. No. 12-679 (Document No.2), he may not proceed in forma
pauperis in this action unless the allegations of his complaint,
liberally construed, establish that he was in imminent danger of
serious physical injury at the time that he filed the complaint.
See Abdul-Akbar v. McKelvie, 239 F.3d 307, 310-11 (3d Cir. 2001)
(en banc); Gibbs v. Cross, 160 F.3d 962, 966 (3d Cir. 1998).
Holmes has not met that standard.
The complaint asserts various Eighth Amendment violations
based on the conditions at the George W. Hill Correctional
Facility, where Holmes is incarcerated.

He claims that he was

subjected to unsanitary conditions because he was placed in a
two-man cell with three inmates.

However, the complaint alleges

that prison officials fixed the overcrowding problem in Holmes's
cellon December 19, 2011, such that the cell was "back to (2)
inmates" as of that date.

Holmes indicates that he was subjected
1

to the I\harsh conditions and violations [described in the
complaint] for (13) days.1I
As Holmes filed this action on February 8

1

2012 1 it is

apparent that , to the extent he was subjected to dangerous
conditions that had the potential to cause him physical harm

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those conditions no longer existed at the time he filed this
case.

Accordingly,

§

1915(g) bars him from proceeding with this

action in forma pauperis.

This Court will therefore deny

Holmes/s application to proceed in forma pauperis without
prejudice to his reinstating this action by paying the filing
fee.

An

appropriate order follows.

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