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Smith v. Costom Music Corp.

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


July 31, 2007

DEWITT THOMAS SMITH, JR., PLAINTIFF,
v.
COSTOM MUSIC CORP. AND CHARMAN OF KUSTOM CORP., DEFENDANTS.

The opinion of the court was delivered by: Judge Caputo

MEMORANDUM

Plaintiff Dewitt Thomas Smith, Jr., filed the present action on July 27, 2007. (Doc. 1.) Plaintiff has not paid the filing fee. 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 Title 28 of the United States Code, Section 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 Section 1915(g), Mr. Smith does not qualify for in forma pauperis status. Accordingly, the Plaintiff is required to pay any required filing fees.

An appropriate Order shall follow.

ORDER

NOW, this 31st day of July, 2007, IT IS HEREBY ORDERED that:

(1) Plaintiff has thirty (30) days to pay the filing fee.

(2) 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.

A. Richard Caputo United States District Judge

20070731

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