United States District Court, E.D. Pennsylvania
May 17, 2004.
JOSEPH JUDE OLIVER
MARK BALDWIN, et al
The opinion of the court was delivered by: FRANKLIN VAN ANTWERPEN, District Judge
Plaintiff, a state prisoner, is seeking to bring a civil action under
42 U.S.C. § 1983 without prepayment of fees. Plaintiff alleges that
the defendants conspired to deny his rights to due process and adequate
assistance of counsel in connection with the appeal of one of his
criminal convictions. He seeks monetary relief.
Pursuant to 28 U.S.C. § 1915(g), a prisoner who on three or more
prior occasions while incarcerated has filed an action in a federal court
that was dismissed as frivolous, malicious, or for failure to state a
claim upon which relief may be granted, must be denied in forma
pauperis status unless he is in imminent danger of serious physical
injury at the time that the complaint is filed. Abdul-Akbar v.
McKelvie, 239 F.3d 307 (3d Cir.), cert. denied,
533 U.S. 953 (2001).
Plaintiff has, prior to the instant action, filed "three or more" civil
rights actions in this Court which were dismissed as frivolous.*fn1
Furthermore, nothing in this complaint suggests that the plaintiff is in
imminent danger of serious physical injury.
Accordingly, plaintiff's motion to proceed in forma pauperis
will be denied. An appropriate order follows.
AND NOW, to wit, this day of May, 2004, in accordance with
the accompanying memorandum, IT IS ORDERED that plaintiff's
motion for leave to proceed in forma pauperis is
DENIED pursuant to 28 U.S.C. § 1915(g).