Reid et al v. Ebbert et al

Filing 60

MEMORANDUM re REPORT AND RECOMMENDATIONS 45 of MJ Saporitoe (Order to follow as separate docket entry)Signed by Honorable Sylvia H. Rambo on 2/16/17. (ma)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
KENNETH R. REID, et al.,
Plaintiff,
v.
WARDEN J. EBBERT, et al.,
Defendant.

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Civil No. 1:16-cv-1403

Judge Sylvia H. Rambo
Magistrate Judge Saporito

MEMORANDUM
Before the court is a report and recommendation (Doc. 45) in which the
magistrate judge recommends that one of the defendants in this matter, Eric
Houston, be dismissed for failure to pay the full filing fee. An objection has been
filed to the report and recommendation, but not by Houston. (Doc. 52.) The
government has filed a response to the objection. (Doc. 55.)
I.

Background
Eric Houston was previously denied leave to proceed in forma pauperis

in the captioned action because he is subject to the “three strikes rule” set forth in
28 U.S.C. § 1915(g). He had previously brought three or more federal actions or
appeals that were dismissed as frivolous, as malicious, or for failure state a claim.
The magistrate judge found that Houston failed to allege sufficient specific and
credible facts to establish the exception to the three strike rule, i.e., that he was
under imminent danger of serious physical injury. He was ordered to pay the full

filing fee within 30 days (Doc. 28). Having failed to do so, the magistrate judge
recommends dismissal without prejudice.
II.

Discussion
The objection to the report and recommendation (Doc. 52) is not filed by

Houston, but by Kenneth Reid, another plaintiff in the case. As the government
points out, a prisoner cannot assert claims for the deprivation of the rights of other
inmates. Weaver v. Wilcox, 650 F.2d 22, 27 (3d Cir. 1981); see also Stukes v.
Knowles, 229 F. App’x 151, 152 n.1 (3d Cir. 2007).
For the above reasons, the report and recommendation will be adopted.

s/Sylvia H. Rambo
SYLVIA H. RAMBO
United States District Judge
Dated: February 16, 2017

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