CREDICO v. PROTHONOTARY OF COMMONWEALTH COURT et al

Filing 2

MEMORANDUM. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 9/6/2016. 9/7/2016 ENTERED AND COPIES MAILED TO PLAINTIFF.(lbs, )

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

JUSTIN CREDICO

v.
PROTHONOTARY OF COMMONWEALTH
COURT, et al.

NO.

16-4704

MEMORANDUM

SEPTEMBER

I

2016

laintiff, an inmate, has filed this civil action
against the Prothonotary of the Commonwealth Court, the
Commonwealth Court of Pennsylvania and unknown persons at the
Commonwealth Court.

Currently before the Court is plaintiff's

motion to proceed in forma pauperis, which he has filed without a
certified copy of his inmate account statement.

For the

following reasons, the Court will deny the motion pursuant to 28

u.s.c.

§

1915(g).

According to§ 1915{g), a prisoner who on three or more
prior occasions while incarcerated has filed an action or appeal
in 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.
Cir. 2001)

Abdul-Akbar v. McKelvie, 239 F.3d 307, 310-11 (3d

(en bane).

"[A] strike under§ 1915(g) will accrue

only if the entire action or appeal is (1) dismissed explicitly
because it is 'frivolous,'

'malicious,' or 'fails to state a

claim' or (2) dismissed pursuant to a statutory provision or rule

that is limited solely to dismissals for such reasons, including
{but not necessarily limited to) 28 U.S.C.
1915 (e) (2) (B) (i),

1915 (e) (2) (B) Iii),

Federal Rules of Civil Procedure."
117, 126 {3d Cir. 2013).

(3d Cir. 2013)
U.S.C.

§

1915A{b) {l),

or Rule 12 (b) (6)

of the

Byrd v. Shannon, 715 F.3d

Plaintiff accumulated at least three

"strikes" for purposes of 28 U.S.C.
filed this action.

§§

§

1915(g) at the time he

See Credico v. Milligan, 544 F. App'x 46, 48

{dismissing appeal as frivolous pursuant to 28

1915{e) (2) (B) (i)); Credico v. Unknown Official for U.S.

Drone Strikes, 537 F. App'x 22 (3d Cir. 2013)

(same); Credico v.

CEO Idaho Nat'l Lab., 461 F. App'x 78 (3d Cir. 2012)

(dismissing

appeal as frivolous}; Credico v. Milligan, E.D. Pa. Civ. A. No.
13-4111 {E.D. Pa.)

(July 24, 2013 Memorandum and Order dismissing

the case as frivolous); Credico v. Unknown Official for Drone
Strikes, E.D. Pa. Civ. A. No. 13-1311 {E.D. Pa.}

(April 15, 2013

Order dismissing the case as frivolous); Credico v. CEO Idaho
Nat'l Lab., E.D. Pa. Civ. A. No. 11-6025 (Oct. 4, 2011 Order

dismissing the case as frivolous).
In light of plaintiff's three strikes, he may not
proceed in forma pauperis unless he was in imminent danger of
serious physical injury at the time he filed his complaint.
There are no allegations in plaintiff's complaint that would
allow this Court to find that plaintiff was in imminent danger of
serious physical injury at the time that he filed this complaint.
Accordingly, the Court will deny his motion to proceed in forma
pauperis.