BROWN v. WETZEL et al

Filing 87

MEMORANDUM ORDER adopting 82 Report and Recommendation, DATED 8/21/15, as the Opinion of the Court. Plaintiff's in forma pauperis status is herby REVOKED. Clerk of Court shall notify the Inmate Account Officer at SCI-Coal Township to stop al l further deductions from Plaintiff's inmate account for this civil action. This case is DISMISSED WITHOUT PREJUDICE to reopening once Plaintiff pays in full the applicable filing fees. Plaintiff's 85 Motion to Appoint Counsel is DENIED as MOOT. Signed by Judge Mark R. Hornak on 11/16/15. (rtw)

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

GREGORY GARRETT BROWN,
Plaintiff,
v.

JOHN E. WETZEL, et al.,
Defendants.

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Civil Action No.2: 14-cv-1204

MEMORANDUM ORDER

This case originally was referred to United States Magistrate Judge Susan Paradise Baxter
for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(l)(A) and
(B), and Local Rule of Civil Procedure 72. On November 18,2014, Magistrate Judge Baxter
recused and the case was reassigned to United States Magistrate Judge Cynthia Reed Eddy.
On August 21, 2015,

Magistrate Judge Eddy issued a Report and Recommendation

[ECF No. 82] recommending that Plaintiffs in forma pauperis status be revoked and this action
be dismissed without prejudice, with the right to Plaintiff to reopen by paying the full statutory
and administrative filing fees. The parties were advised that written objections to the Report and
Recommendation were due by September 10, 2015. Plaintiff requested an enlargement of time
to file his objections, which was granted, and Plaintiff was given an extension until September
28, 2015, to file his objections.
On October 20, 2015, the Court received "Informal: Plaintiffs Objections to Magistrate
Judge Eddy (CRE) Report and Recommendation (R&R) dated August 21st, 2015." [ECF No.
86.] The objections are dated September 23, 2015, but postmarked October 16, 2015.

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The

Court will give Plaintiff the benefit of the prisoner mailbox rule as the objections appear to be
timely signed.
The Court finds that Plaintiffs Objections do not undermine the recommendation of the
Magistrate Judge. Plaintiff's bare allegations that "the judge (CRE) has committed 'racial bias'"
and that there is a "conflict-of-interest between the magistrates" are without merit and require no
further discussion.
For the same reasons stated in the Report and Recommendation, which is adopted as the
Opinion of the District Court, Plaintiff's objection that his complaint satisfies the "imminent
danger exception" is OVERRULED. Plaintiff is no stranger to the IFP standards, generally, and
the "three strike" standards, specifically. As the Magistrate Judge has already explained, the
only allegation of imminent serious danger of bodily injury is stated in a conclusory and
unsupported manner. Given Plaintiff's history of abusive litigation and the generalized nature of
his claim of imminent danger in this lawsuit, the Court is not required to accept this allegation as
true. Brown v. City of Philadelphia, 331 F. App'x 898, 900 (3d Cir.), cert. denied, 558 U.S. 999
(2009).
Notably, the instant ruling does not prohibit Plaintiff from pursuing his instant claims in
federal court, it only denies him the privilege of proceeding without the payment of filing fees.
The Court has reviewed de novo the pleadings and documents in the case, together with
the Report and Recommendation, and the Objections thereto. Having done so, the following
Order is entered:
AND NOW, this 16th day of November, 2015, it is hereby ORDERED, ADJUDGED

AND DECREED as follows:

1.

The Magistrate Judge's Report and Recommendation [ECF No. 82], dated August

21, 2015, is adopted as the Opinion of the Court. Plaintiffs in forma pauperis status is hereby

REVOKED.
2.

The Clerk of Court shall notify the Inmate Account Officer at SCI-Coal Township

to stop all further deductions from Plaintiffs inmate account for this civil action.
3.

This case is DISMISSED WITHOUT PREJUDICE to reopening once Plaintiff

pays in full the applicable filing fees.
4.

Plaintiffs Motion to Appoint Counsel [ECF No. 85] is DENIED AS MOOT.

Maurice B. Cohill, Jr.
Senior District Court Judge

cc:

GREGORY GARRETT BROWN
GQ 0338
SCI Coal Township
1 Kelley Drive
Coal Township, PA 17866-1021
Inmate Account Office
SCI Coal Township
1 Kelley Drive
Coal Township, PA 17866-1021
Timothy Mazzocca
Office of Attorney General
(via ECF electronic notification)
Samuel H. Foreman
Weber Gallagher Simpson Stapleton Fires & Newby
(via ECF electronic notification)

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