United States District Court, M.D. Pennsylvania
November 8, 2005.
DEWITT THOMAS SMITH, JR., Plaintiff,
JOHN SHANNON, et al., Defendants.
The opinion of the court was delivered by: A. CAPUTO, District Judge
Plaintiff Dewitt Thomas Smith, Jr., filed the present action on
May 14, 2005 in the United States District Court for the District
of Columbia. (Doc. 1.) Simultaneously, Plaintiff filed an
Application To Proceed In Forma Pauperis (Doc. 2) and was granted
in forma pauperis status by the District of Columbia court
(Doc.3). Subsequently, the District of Columbia court transferred
the case to this Court. Id. The Court notes that in his
Application To Proceed In Forma Pauperis, Plaintiff inaccurately
reported that he did not have three or more actions in forma
pauperis dismissed as frivolous, malicious or for failure to
state a claim upon which relief may be granted. (Doc.2.)
On February 10, 2003, in connection with another case, the
Court prohibited Mr. Smith from filing any new actions in forma
pauperis unless he met the statutory exceptions outlined in
28 U.S.C. § 1915(g). Smith v. Equil Bank & President, No.
3:03-CV-0006 (M.D. Pa. Feb. 10, 2003). The Court reiterated the
prohibition on October 25, 2004. Smith v. United States Army,
No. 3:04-CV-2308 (M.D. Pa. Oct. 25, 2004). In the present action,
Mr. Smith has not alleged any imminent danger of serious physical
injury. As such, the Court finds that, consistent with its
previous Orders and § 1915(g), Mr. Smith does not qualify for in forma pauperis status.
Accordingly, the Court will revoke his in forma pauperis
An appropriate Order shall follow. ORDER
NOW, this 8th day of November, 2005, IT IS HEREBY ORDERED
(1) Plaintiff's in forma pauperis status is
(2) Plaintiff has thirty (30) days to pay the filing
(3) The Clerk of the Court shall mark this case
CLOSED if payment is not received within thirty
(30) days of the date of this Order.
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