Chandler v. United States et al

Filing 3

ORDER denying pltf's motion to proceed IFP 1 , DISMISSING pltf's complaint 1 w/out prejudice pursuant to 28 USC 1915(g), directing Clrk of Ct to CLOSE case, & noting that any appeal from this order is deemed frivolous & not in good faith. (See order for complete details.) Signed by Honorable Christopher C. Conner on 08/13/12. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JOHNNY RAY CHANDLER,
Plaintiff
v.
THE UNITED STATES, et al.,

Defendants

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CIVIL ACTION NO. 1:12-CV-1513
(Judge Conner)

ORDER
AND NOW, this 13th day of August, 2012,upon consideration of plaintiff's
recently filed Bivens1 action (Doc. 1), in which he seeks to proceed in forma
pauperis (Doc. 1, at 5), and upon consideration of the fact that plaintiff has incurred
three strikes under 28 U.S.C. § 1915(g), see Ibrahim v. District of Columbia, 208 F.3d
1032 (D.C.Cir. 2000), cert. denied, 121 S.Ct. 2249 (June 11, 2001), and it appearing
that he is alleging that in enacting 28 U.S.C. § 1915, the defendants entered into a
conspiracy to deny prisoners access to the courts, and it further appearing that he
does not demonstrate that a threat of danger is real and proximate and, therefore,
his claim fails to meet the imminent danger exception, see Abdul-Akbar v.
McKelvie, 239 F.3d 307, 312 (3d Cir. 2001)(en banc); Lewis v. Sullivan, 279 F.3d 526,

Bivens v. Six Unknown Named Agents of the Fed. Bureau of Narcotics, 403
U.S. 388 (1971). Bivens stands for the proposition that “a citizen suffering a
compensable injury to a constitutionally protected interest could invoke the general
federal-question jurisdiction of the district courts to obtain an award of monetary
damages against the responsible federal official.” Butz v. Economou, 438 U.S. 478,
504 (1978).
1

531 (7th Cir. 2002) (finding that the “imminent danger” exception is available “for
genuine emergencies,” where “time is pressing” and “a threat . . . is real and
proximate”), it is hereby ORDERED that:
1.

Plaintiff's request to proceed in forma pauperis (Doc. 1, at 5) is
DENIED.

2.

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

3.

The Clerk of Court is directed to CLOSE this case.

4.

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