United States District Court, M.D. Pennsylvania
November 3, 2005.
RASHEED SUTON BEYAH, Plaintiff,
C/O'S, LT'S, CAPT'S, MAJOR, SGT'S, DEPUTY'S SUPERINTENDENT, and GRIEVANCE COORDINATOR'S, Defendants.
The opinion of the court was delivered by: MALCOLM MUIR, Senior District Judge
THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:
On August 8, 2005, Plaintiff Rasheed Suton Beyah, an inmate at
the State Corrections Facility at Waymart, Pennsylvania,
initiated this action by filing a civil rights complaint pursuant
to 42 U.S.C. § 1983. On that same date Beyah filed an application
to proceed in forma pauperis.
The Clerk of Court assigned this case to us and referred it to
Magistrate Judge J. Andrew Smyser for preliminary consideration.
On August 26, 2005, the Magistrate Judge issued an order denying
without prejudice Beyah's application to proceed in forma
pauperis because Beyah indicated that while incarcerated he had
filed three or more prior actions in a court of the United States
which had been dismissed as frivolous, malicious, or failed to
state a claim upon which relief could be granted. In that order
the Magistrate Judge allowed Beyah 30 days from the date of the order to pay the entire $250.00 filing fee to proceed
with this case.
On October 13, 2005, the Magistrate Judge issued a report
recommending that the complaint be dismissed because Beyah had
not paid the filing fee. The time allowed for the parties to file
objections to the Report and Recommendation expired on October
31, 2005, and to this date no objection has been filed. When no
objections are filed to the report of a Magistrate Judge, we need
only review that report as we in our discretion deem appropriate.
Thomas v. Arn, 474 U.S. 145, 151-52 (1985).
Title 28 U.S.C. § 1915(g) provides as follows:
In no event shall a prisoner bring a civil action or
appeal a judgment in a civil action or proceeding
under this section if the prisoner has, on 3 or more
prior occasions, while incarcerated or detained in
any facility, brought an action or appeal in a court
of the United States that was dismissed on the
grounds that it is frivolous, malicious, or fails to
state a claim upon which relief may be granted,
unless the prisoner is under imminent danger of
serious physical injury.
28 U.S.C. § 1915(g). In his application to proceed in forma
pauperis Beyah answered "no" to the question of whether he seeks
relief in this case because he is under imminent danger of
serious physical injury. (Application to Proceed In Forma
Pauperis, p. 1, ¶ 3.(a))
Under the circumstances of this case, Magistrate Judge Smyser
properly required Beyah to pay the full filing fee in order to
proceed with this action. Our review of this case confirms the Magistrate Judge's conclusion that this action
should be dismissed for Beyah's failure to pay the full filing
fee within the time allowed by the Magistrate Judge's order of
August 26, 2005.
We will adopt Magistrate Judge Smyser's report and
recommendations in toto because they are free from error and no
objection to them has been filed.
NOW, THEREFORE, IT IS ORDERED THAT:
1. Magistrate Judge Smyser's report and
recommendation (Document 8) dated October 13, 2005,
is adopted in toto.
2. The complaint is dismissed because Beyah has
failed to pay the filing fee within the time allowed
and he is barred from proceeding in forma pauperis.
3. The Clerk of Court shall close this case.
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