Piskanin v. Martin et al

Filing 9

ORDER - It is hereby ORDERED that: 1. Pltf's motion to proceed IFP 6 is DENIED.; 2. Administrative order 8 VACATED & Clrk of Ct to send notice to warden @ pltf's present place of incarceration.; 3. Pltf's complaint 1 DISMISSED without prejudice...; 4. Clrk of Ct directed to CLOSE case.; 5. Any appeal from this order DEEMED frivolous & not in good faith. (See order for complete details.) Signed by Honorable Christopher C. Conner on 05/23/12. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

MICHAEL JOHN PISKANIN, JR.,
Plaintiff,
v.
DISTRICT ATTORNEY JAMES B.
MARTIN, et al.,
Defendants

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CIVIL ACTION NO. 1:12-CV-0908
(Judge Conner)

ORDER
AND NOW, this 23rd day of May, 2012, upon preliminary consideration of
plaintiff’s civil rights action pursuant to 42 U.S.C. § 1983, and it appearing that he
seeks to proceed in forma pauperis (Doc. 6), 28 U.S.C. § 1915, and it further
appearing that the “three strikes”provision of the Prison Litigation Reform Act of
1996 (“PLRA”), codified at 28 U.S.C. § 1915(g), prohibits him from proceeding in
forma pauperis as he has had three prior actions or appeals dismissed as frivolous,
malicious, or for failing to state a viable claim1, and it further appearing that there is

The following recitation was set forth in a report and recommendation of
United States Magistrate Judge Lisa Pupo Lenihan, which was adopted by the
Honorable Kim R. Gibson, United States District Court for the Western District of
Pennsylvania in Piskanin v. PA Dept. of Corrections, No. 09-3221, 2010 WL
3834878, *1 (W.D. Pa. Sept. 27, 2010):
1

Specifically, in Michael J. Piskanin v. Kelly L. Banach et al., Civil Action
No. 07-4655 (E.D.Pa.), his action was dismissed sua sponte pursuant to 28
U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may
be granted by Order dated December 15, 2008. In Michael J. Piskanin v.
Gary Hammer et al., Civil No. 07-2518, the Court of Appeals for the Third
Circuit dismissed his action pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) as

no indiction that plaintiff “is under imminent serious physical injury,” 28 U.S.C. §
1915(g) (setting forth the three strikes rule which provides that an inmate who has
three prior actions or appeals dismissed as frivolous, malicious, or for failing to state
a viable claim may not proceed in forma pauperis “unless the prisoner is under
imminent danger of serious physical injury”); see also Abdul-Akbar v. McKelvie, 239
F.3d 307, 312 (3d Cir. 2001) (en banc), it is hereby ORDERED that:
1.

Plaintiff’s motion to proceed in forma pauperis (Doc. 6) is DENIED.

2.

The administrative order (Doc. 8) is hereby VACATED. The Clerk of
Court shall send notice to the warden at plaintiff’s present place of
incarceration.

3.

Plaintiff’s complaint (Doc. 1) is DISMISSED without prejudice,
pursuant to 28 U.S.C. § 1915(g).

4.

The Clerk of Court is directed to CLOSE this case.

5.

Any appeal from this order is DEEMED frivolous and not in good faith.
See 28 U.S.C. § 1915(a)(3).

S/ Christopher C. Conner
CHRISTOPHER C. CONNER
United States District Judge

frivolous and/or malicious by Judgment dated March 18, 2008. In Michael
J. Piskanin v. Court of Common Please of Lehigh County et al., Civil No.
09-3614, the Court of Appeal for the Third Circuit dismissed the action
pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) as frivolous and/or malicious by
Judgment dated December 29, 2009.
Piskanin v. PA Dept. of Corrections, No. 09-3221, 2010 WL 3834845, *1 (W.D. Pa.
Aug 17, 2010).