SCICCHITANO v. UNIONTOWN POLICE DEPT. et al
ORDER denying 1 Motion for Leave to Proceed in Forma Pauperis and adopting 2 Report and Recommendations of Chief Magistrate Judge Kelly as the opinion of the Court. Plaintiff to pay full filing fee by 9/14/17. Failure to pay will result in dismissal of action for failure to prosecute. Signed by Judge David S. Cercone on 9/5/17. (njt)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
ANTHONY J. SCICCHITANO, JR.,
UNIONTOWN POLICE DEPARTMENT;
And CITY OF UNIONTOWN,
Judge David Stewart Cercone/
Chief Magistrate Judge Maureen P. Kelly
Re: ECF No. 1
Anthony J. Scicchitano ("Plaintiff') is currently incarcerated in the State Correctional
Institution in Albion ("SCI-Albion").
Plaintiff sought leave to proceed in forma pauperis in
order to file a civil rights complaint in this Court, naming as defendant both the Uniontown
Police Department and the City of Uniontown for actions or inactions occurring in 2008 to 2009.
ECF No. 1-1
ECF No. 1-2 ~IV.A.
The case was referred to Chief Magistrate Judge Maureen Kelly in accordance with the
Magistrate Judges Act, 28 U.S.C. § 636(b)(l), and Local Civil Rules 72.C and D.
Chief Magistrate Judge Kelly's Report and Recommendation (the "Report"), ECF No. 2,
filed on July 28, 2017, recommended that pursuant to the Prison Litigation Reform Act, the IFP
Motion be denied because Plaintiff has "three strikes" and the Complaint does not reveal the
requisite danger of serious physical injury. Plaintiff was informed that he could file Objections
to the Report by August 14, 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 N 0 W, this
S' day of September, 201 7;
IT IS HEREBY ORDERED that the Motion for Leave to Proceed in Forma Pauperis is
DENIED. Plaintiff is ORDERED to pay the entire filing fee of $400.00 by September 14, 2017.
Failure to pay the entire filing fee by September 14, 2017, will result in the dismissal of this civil
action for failure to prosecute without further warning.
David Stewart Cercrone
United States District Judge
The Honorable Maureen P. Kelly
Chief United States Magistrate Judge
Anthony J. Scicchitano, Jr.
10745 Route 18
Albion, PA 16475-0002
(Via First Class Mail)
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