Chandler v. Trate et al

Filing 5

MEMORANDUM and ORDER DENYING application to proceed IFP; DISMISSING plaintiff's complaint without prejudice; Clerk of Court is directed to CLOSE case; any appeal from this order is deemed frivolous and not in good faith. Signed by Honorable James M. Munley on 3/19/12. (sm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JOHNNY RAY CHANDLER,
Plaintiff

:
:
:
v.
:
:
CAPT. B. TRATE, LT. S.V. HEATH, :
Defendants :

CIVIL NO. 3:12-CV-0479
(Judge Munley)

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ORDER
AND NOW, to wit, this 19th day of March 2012, upon consideration of plaintiff’s
recently filed civil rights complaint (Doc. 1), in which he seeks to proceed in forma pauperis
(Doc. 2), 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 Fifth
Amendment procedural due process violations in connection with his transfer from one cell
to another within the Special Management Unit at the United States Penitentiary at
Lewisburg, Pennsylvania, and it further appearing that such claims fail to not 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, 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 motion to proceed in forma pauperis (Doc. 2) 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).

BY THE COURT:

s/James M. Munley
JUDGE JAMES M. MUNLEY
United States District Court