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Clay Caldwell v. the Dept. of Corrections Agency

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


September 13, 2011

CLAY CALDWELL, PLAINTIFF,
v.
THE DEPT. OF CORRECTIONS AGENCY; SECRETARY JOHN WETZEL;DORINA VARNER; JOSEPH F. MAZ- URKIEWICZ; TREVOR WINGARD; JAMES SCEKERS; TONI M. COLLAND; ANDREA WEIMER; KANDACE GETTINS; ROBERT BUSSARD; F. BAKER; O'NEIL; J. BEERS;
SULLENBERGER; PARKER; KERRY KINNAN; T. LACEY; KARMIZEN; WILLIAM BROWN; GEORGE A. KUZILLA, JR.; KERRY S. VANCE; B. WEAVER; COLLINS; KIM A. COOK; AND JOHN W. PECK, DEFENDANTS.

The opinion of the court was delivered by: Terrence F. McVerry United States District Court Judge

Judge Terrence F. McVerry/ Magistrate Judge Maureen P. Kelly

MEMORANDUM ORDER

The above-captioned prisoner civil rights complaint and request to proceed in forma pauperis (AIFP@) were received by the Clerk of Court on August 3, 2001, and were referred to United States Magistrate Judge Maureen P. Kelly for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. ' 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrate Judges.

The Magistrate Judge's Report and Recommendation, ECF No. [3], filed on August 15, 2011, recommended denial of Plaintiff's IFP motion because Plaintiff had accumulated Athree strikes@ pursuant to 28 U.S.C. ' 1915(g) of the Prison Litigation Reform Act (APLRA@). Service was made on the Plaintiff at his address of record and Plaintiff filed objections. ECF No. [4]. The objections do not merit rejection of the Report. In fact, Plaintiff concedes that he has three strikes. ECF No. [4] at 2, ¶ 5.

Plaintiff does raise some argument about an alleged difference in the statute of limitations under Section 1983 and under the Religious Land Use and Institutionalized Persons Act. However, we fail to see the relevance of such an argument.

Hence, the following order is entered.

AND NOW, this 13th day of September 2011;

IT IS HEREBY ORDERED that the Plaintiff=s motion for leave to proceed in forma pauperis is DENIED. Plaintiff is ORDERED to pay the entire filing fee by September 30, 2011 or the case will be dismissed for failure to prosecute.*fn1

IT IS FURTHER ORDERED that the Report and Recommendation, ECF No. [3], filed on August 15, 2011 by Magistrate Judge Kelly, is adopted as the opinion of the court.

cc:

CLAY CALDWELL EM-2163 S.C.I. Greensburg 165 SCI Lane Greensburg, PA 15601-9103


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