Williams v. PA Department of Corrections et al

Filing 15

MEMORANDUM re Order 13 of MJ Schwab. (Order to follow as separate docket entry)Signed by Honorable Sylvia H. Rambo on 8/17/15. (ma)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
KEVIN WILLIAMS,
Plaintiff
v.
PENNSYLVANIA DEPARTMENT
OF CORRECTIONS, et al.,
Defendants

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CIVIL NO. 1:15-CV-0975
(Judge Rambo)
(Magistrate Judge Schwab)

MEMORANDUM
Background
On May 19, 2015, Plaintiff Kevin Williams filed an action against
the Pennsylvania Department of Corrections, and some of its employees, along with a
request for leave to proceed in forma pauperis. By order of the magistrate judge dated
August 4, 2015 (Doc. 13), the magistrate judge denied Williams the right to proceed
in forma pauperis pursuant to the Three Strikes rule, 28 U.S.C. 1915(g) which states:
(g) In no event shall a prisoner bring a civil action or
appeal a judgment in a civil action or proceeding under this
section if the prisoner has, on 3 or more prior occasions,
while incarcerated or detained in any facility, brought an
action or appeal in a court of the United States that was
dismissed on the grounds that it is frivolous, malicious, or
fails to state a claim upon which relief may be granted,
unless the prisoner is under imminent danger of serious
physical injury.
Williams has filed objections to that order, alleging that he has only filed one previous
case, i.e. 3:13-CV-0096,. He further argues that he is in “imminent danger of serious
physical injury (Doc. 14).

Discussion
A review of the records accessible to the court shows the following civil
rights cases have been filed by Williams pursuant to 42 U.S.C. § 1983:
1) Number 1:88-CV-01860 (M.D. Pa. ), filed November 14, 1988, closed
February 28, 1989 for failure to prosecute;
2) Number 1:00-CV-01146 (M.D. Pa.), filed August 27, 2000, transferred
to the Eastern District of Pennsylvania and closed July 3, 2000 pursuant to 28 U.S.C.
§ 1915(e);
3) Number 1:01-CV-02312 (M.D. Pa.), filed February 5, 2001. This case
went to trial, however, at the end of the presentation of Plaintiff’s case, judgment was
rendered against the remaining defendants. Other defendants were granted judgment
before trial. Case terminated November 4, 2003;
4) Number 2:00-CV-03898 (E.D. Pa.), filed August 2, 2000, closed on
August 7, 2000 pursuant to 28 U.S.C. § 1915(e);
5) Number 3:90-CV-02110 (M.D. Pa.), filed December 1, 1990,
dismissed as frivolous on April 1, 1993;
6) Number 1:05-CV-00774 (M.D. Pa.), filed April 18, 2005, dismissed as
frivolous on July 17, 2006;
7) Number 3:13-CV-00096 (W.D. Pa.), filed May 1, 2013, dismissed on
January 14, 2014; affirmed by the Third Circuit Court of Appeals on May 7, 2014.
On the latter case, Williams argues that the Western District judge, while
dismissing with prejudice those defendants properly before him, granted Williams
leave to file a complaint in the Middle District of Pennsylvania. Specifically, Judge
Gibson’s order stated in part, “It is not in the interest of justice, however, to transfer
an inadequate complaint, when plaintiff can refile the complaint in the Middle District
of Pennsylvania after he fixes the defects in his complaint.” (See 3:13-00096 (W.D.
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Pa., 01/14/2014 order.) The order was affirmed on appeal to the Third Circuit Court
of Appeals. (See No. 14-1261, dated May 1, 2014.)
Williams further alleges in his objections (Doc. 14) that he is in imminent
danger. He alleges that several threats were lodged against Plaintiff and he was put in
solitary confinement. Williams’ labeling and conclusory opinions are insufficient.
Williams does not set forth the nature, type of threats, who made them, and over what
period of time these alleged threats occurred. In light of Williams’ past history of
unfounded claims, and the length of time he has been in prison without physical harm,
the court finds his credibility is lacking as to his claim of “imminent danger.”
Conclusion
For the reasons set forth above, the order of Magistrate Judge Schwab of
August 4, 2015 (Doc. 13), will be affirmed. An appropriate order will be issued.
s/Sylvia H. Rambo
United States District Judge
Dated: August 17, 2015.

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