SMITH v. SECRETARY OF PENNSYLVANIA DEPARTMENT OF CORRECTIONS et al

Filing 5

ORDER denying 3 Motion for Leave to Proceed in forma pauperis; adopting Report and Recommendations re 4 Report and Recommendations. Plaintiff is ORDERED to pay the entire filing fee of $400.00 by April 28, 2017. Failure to pay the entire filing fee by April 28, 2017 will result in the dismissal of this civil action for failure to prosecute without further warning. Signed by Chief Judge Joy Flowers Conti on 4/5/2017. (smc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
ANTHONY TUSWEET SMITH,
Plaintiff,
v.
SECRETARY OF PENNSYLVANIA
DEPARTMENT OF CORRECTIONS, SCI
GREENE F-UNIT MANAGER, SCI
GREENE CAPTAIN SHRADER, SCI
GREENE RHU LT. MORRIS, SCI GREENE
RHU SGT. TIKEY, SCI GREENE C/O
ARBABELL, SCI GREENE C/O CARTER,
SCI GREENE C/O HOLLOWOOD, SCI
GREENE C/O LEWIS, SCI GREENE C/O
RIDDLE, SCI GREENE C/O RECICHAR,
Defendants.

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Civil Action No. 17-93
Chief Judge Joy Flowers Conti/
Chief Magistrate Judge Maureen P. Kelly

Re: ECF No. 3

ORDER
Anthony Tusweet Smith, (“Plaintiff”), proceeding pro se, filed a Motion for Leave to
Proceed In Forma Pauperis (the “IFP Motion”), ECF No. 3, in order to prosecute a prisoner civil
rights action. The case was referred to a magistrate judge in accordance with the Magistrate
Judges Act, 28 U.S.C. § 636(b)(1), and Local Civil Rules 72.C and D.
The magistrate judge’s Report and Recommendation (the “Report”), ECF No. 4, filed on
March 7, 2017, recommended that pursuant to the Prison Litigation Reform Act, the IFP Motion
be denied for either of two independent reasons. First, the Report recommended denying the IFP
Motion because Plaintiff has “three strikes” and the complaint does not reveal the requisite
danger of serious physical injury. Alternatively, the Report recommended denial of the IFP
Motion because Plaintiff had more than sufficient funds in his inmate account to pay for this civil

action. Plaintiff was informed that he could file objections to the Report by March 24, 2017. No
objections have been filed.
Accordingly, after de novo review of the pleadings and the documents in the case,
together with the Report and Recommendation, the following order is entered:
AND NOW, this 5th day of April, 2017;
IT IS HEREBY ORDERED that the Report and Recommendation is
adopted as the opinion of this court and the Motion for Leave to Proceed In Forma Pauperis is
DENIED. Plaintiff is ORDERED to pay the entire filing fee of $400.00 by April 28, 2017.
Failure to pay the entire filing fee by April 28, 2017 will result in the dismissal of this civil
action for failure to prosecute without further warning.
BY THE COURT:
/s/Joy Flowers Conti
JOY FLOWERS CONTI
CHIEF UNITED STATES DISTRICT JUDGE

cc:

The Honorable Maureen P. Kelly
Chief United States Magistrate Judge
ANTHONY TUSWEET SMITH
EY9164
SCI Greene
175 Progress Drive
Waynesburg, PA 15370

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