CALDWELL v. THE DEPT. OF CORRECTIONS AGENCY et al

Filing 5

MEMORANDUM ORDER denying 1 Motion for Leave to Proceed in forma pauperis and adopting Report and Recommendations re 3 Report and Recommendations. Signed by Judge Terrence F. McVerry on 9/13/2011. (kly)

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

CLAY CALDWELL,

)
)
Plaintiff,
)
)
vs.
)
)
THE DEPT. OF CORRECTIONS
)
AGENCY; SECRETARY JOHN WETZEL;)
DORINA VARNER; JOSEPH F. MAZ)
URKIEWICZ; TREVOR WINGARD;
)
JAMES SCEKERS; TONI M. COLLAND; )
ANDREA WEIMER; KANDACE
)
GETTINS; ROBERT BUSSARD;
)
F. BAKER; O’NEIL; J. BEERS;
)
SULLENBERGER; PARKER; KERRY
)
KINNAN; T. LACEY; KARMIZEN;
)
WILLIAM BROWN; GEORGE A.
)
KUZILLA, Jr.; KERRY S. VANCE;
)
B. WEAVER; COLLINS; KIM A. COOK; )
and JOHN W. PECK,
)
)
Defendants. )

Civil Action No. 11-1001

Judge Terrence F. McVerry/
Magistrate Judge Maureen P. Kelly

MEMORANDUM ORDER
The above-captioned prisoner civil rights complaint and request to proceed in forma
pauperis (AIFP@) were received by the Clerk of Court on August 3, 2001, and were referred to
United States Magistrate Judge Maureen P. Kelly for pretrial proceedings in accordance with the
Magistrate Judges Act, 28 U.S.C. ' 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for
Magistrate Judges.
The Magistrate Judge's Report and Recommendation, ECF No. [3], filed on August 15,
2011, recommended denial of Plaintiff’s IFP motion because Plaintiff had accumulated Athree
strikes@ pursuant to 28 U.S.C. ' 1915(g) of the Prison Litigation Reform Act (APLRA@). Service

was made on the Plaintiff at his address of record and Plaintiff filed objections. ECF No. [4].
The objections do not merit rejection of the Report. In fact, Plaintiff concedes that he has three
strikes. ECF No. [4] at 2, ¶ 5.
Plaintiff does raise some argument about an alleged difference in the statute of limitations
under Section 1983 and under the Religious Land Use and Institutionalized Persons Act.
However, we fail to see the relevance of such an argument.
Hence, the following order is entered.
AND NOW, this 13th day of September 2011;
IT IS HEREBY ORDERED that the Plaintiff=s motion for leave to
proceed in forma pauperis is DENIED. Plaintiff is ORDERED to pay the entire filing fee by
September

30,

2011

or

the

case

will

be

dismissed

for

failure

to

prosecute.1

IT IS FURTHER ORDERED that the Report and Recommendation,
ECF No. [3], filed on August 15, 2011 by Magistrate Judge Kelly, is adopted as the opinion of
the court.

s/Terrence F. McVerry
United States District Court Judge

Dated: September 13, 2011
cc:

1

CLAY CALDWELL
EM-2163
S.C.I. Greensburg
165 SCI Lane
Greensburg, PA 15601-9103

Plaintiff asserts that his family will be paying the filing fee.
2