BROWN v. VALSUKA et al

Filing 4

ORDER denying 1 Motion for Leave to Proceed in forma pauperis; adopting Report and Recommendations re 2 Report and Recommendations, for the reasons stated in the Memorandum Order filed herewith. Signed by Judge Cathy Bissoon on 1/14/16. (rld) Staff Note: A copy of this Order was mailed to Frederick Banks, #120759, Allegheny County Jail, 950 2nd Avenue, Pittsburgh, PA 15219. No copy is being mailed to "Hamilton Brown" as previous mailings to that name and address of record were returned as undeliverable.

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

HAMILTON BROWN,

Petitioner,
v.
KRISTIN VALSUKA, et. al,

Respondents.

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Civil Action No. 15-1439
Judge Cathy Bissoon
Magistrate Lisa Pupo Lenihan

MEMORANDUM ORDER
This case was referred to United States Magistrate Judge Lisa Pupo Lenihan 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 16, 2015, the Magistrate Judge issued a Report (Doc. 2) recommending
that “Hamilton Brown’s”1 (“Petitioner’s”) Motion for Leave to Proceed in Forma Pauperis be
dismissed because it lacks the required supporting documentation; pursuant to the three strikes
rule of 28 U.S.C. § 1915(g); and as in violation of Judge Nora Barry Fischer’s Court Order in
Civil Action No. 13-1198 (Doc. 10). Service of the Report and Recommendation was made on
the parties2, and no objections have been filed.
After a review of the pleadings and documents in the case, together with the Report and
Recommendation, the following Order is entered:
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Judge Lenihan notes that “Hamilton Brown” is an alias for Frederick Banks. (Doc. 2).

A copy of the R&R was sent to the “Hamilton Brown” at the address provided in the filings, as
well as to Frederick Banks, #120759, Allegheny County Jail, 950 2nd Avenue, Pittsburgh, PA
15219.

Petitioner’s Motion for Leave to Proceed in Forma Pauperis (Doc. 1) is DENIED, and
this action is dismissed without prejudice to Plaintiff's right to reopen it by paying the full
$400.00 filing fee. The Report and Recommendation of the Magistrate Judge, dated November
16, 2015, hereby is adopted as the Opinion of the District Court.
IT IS SO ORDERED.

January 14, 2016

s\Cathy Bissoon
Cathy Bissoon
United States District Judge

cc (via ECF email notification):
All counsel of record
cc (via First-Class U.S. Mail):
FREDERICK BANKS
# 120759
950 2nd Ave.
Pittsburgh, PA 15219

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