PEW v. WETZEL et al

Filing 3

MEMORANDUM ORDER denying 1 Motion for Leave to Proceed in forma pauperis. Case dismissed without prejudice to plaintiff's right to reopen by paying full filing fee. Further ordered that 2 Report and Recommendation of Magistrate Judge Lenihan is adopted as the opinion of the Court. The Clerk shall mark this case CLOSED. Signed by Judge David S. Cercone on 8/30/16. (njt)

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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
ALFONSO PERCY PEW,
Plaintiff,
V.

JOHN E. WETZEL, et al.,
Defendants.

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2:16cvl 167
Electronic Filing _
Judge David Stewart Cercone
Magistrate Judge Lisa Pupo Lenihan

MEMORANDUM ORDER
Plaintiff, Alfonso Percy Pew ("Plaintiff'), initiated this action on August 3, 2016, with
the filing of a civil rights complaint and a motion for leave to proceed in forma pauperis ("IFP").
(ECF No. 1.) On August 3, 2016, the case was assigned to United States Magistrate Judge Lisa
Pupo Lenihan for review in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(l),
and Local Rules of Court 72.C and 72.D.
On August 4, 2016, the Magistrate Judge issued a Report and Recommendation wherein
she recommended Plaintiffs IFP motion be denied in accordance with 28 U.S.C. § 1915(g).
(ECF No. 2.) The Magistrate Judge determined that Plaintiff had incurred three or more
"strikes," and, therefore, pursuant to the dictates of 28 U.S.C. § l 915(g), he cannot proceed in
forma papueris. She also determined that Plaintiff had not met the threshold showing of
imminent danger of serious physical injury in order to avail himself of the "imminent danger"
exception to § l 9 l 5(g). It was therefore recommended that this action be dismissed without
prejudice and reopened when Plaintiff paid the full $400.00 filing fee. Id. Plaintiff was
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informed that he had until August 22, 2016 to file objections to the Report and Recommendation,
but, as of today, no objections have been filed. Therefore, upon an independent review of the

record and consideration of the Magistrate Judge's Report and Recommendation, the following
Order is entered.
AND NOW, this

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30 day of August, 2016,

IT IS HEREBY ORDERED that Plaintiffs IFP motion (ECF No. 1) is hereby denied in

accordance with 28 U.S.C. § l 915(g).
IT IS FURTHER ORDERED that this case is dismissed without prejudice to Plaintiffs

right to reopen it by paying the full $400.00 filing fee.
IT IS FURTHER ORDERED that the Magistrate Judge's Report and Recommendation

(ECF No. 2) is adopted as the Opinion of the Court.
IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED.
AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(l) of the Federal Rules

of Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by
Rule 3 of the Federal Rules of Appellate Procedure.

David Stewart Cercone
United States District Judge
cc:

Alfonso Percy Pew
BT-7263
SCI Greene
175 Progress Drive
Waynesburg, PA 15370
(Via First Class Mail)

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