IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
November 28, 2007
DEWITT THOMAS SMITH, JR., PLAINTIFF,
PENNSYLVANIA COALITION AGAINST RAPE, DEFENDANT.
The opinion of the court was delivered by: Judge Caputo
Plaintiff Dewitt Thomas Smith, Jr., filed the present action on November 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 28th day of November, 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
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