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OLIVER v. BALDWIN

United States District Court, E.D. Pennsylvania


May 17, 2004.

JOSEPH JUDE OLIVER
v.
MARK BALDWIN, et al

The opinion of the court was delivered by: FRANKLIN VAN ANTWERPEN, District Judge

MEMORANDUM

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.

  ORDER

  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).


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