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James Holmes v. Superintendent Reilly

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


April 3, 2012

JAMES HOLMES
v.
SUPERINTENDENT REILLY, ET AL.

The opinion of the court was delivered by: Juan R. Sanchez, J.

ORDER

AND NOW, this 3rd day of April, 2012, having considered plaintiff's civil rights complaint, and his motion to proceed in forma pauperis, it is hereby ORDERED as follows:

1. Plaintiff's motion to proceed in forma pauperis is DENIED, pursuant to 28 U.S.C. § 1915(g), for the reason that plaintiff has, on three or more prior occasions while incarcerated, had a civil action or appeal dismissed as frivolous, malicious, or for failure to state a viable claim, and plaintiff has failed to plead facts which support a reasonable conclusion that he was in imminent danger of serious physical injury at the time he filed this civil action;

2. Plaintiff may reinstate this case by remitting the filing fee of $350 to the Clerk of Court within thirty days from the date of this order; and

3. The Clerk of Court shall mark this case CLOSED for statistical purposes.

BY THE COURT:

Juan R. Sanchez

20120403

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