May 23, 2013
MICHAEL J. PISKANIN, Plaintiff,
JOHN WETZEL, et al., Defendants.
CHRISTOPHER C. CONNER, District Judge.
AND NOW, this 23rd day of May, 2013, upon preliminary consideration of plaintiff's civil rights action pursuant to 42 U.S.C. § 1983 (Doc. 1), in which he seeks to proceed in forma pauperis (Doc. 4), 28 U.S.C. § 1915, and the court finding that the "three strikes "provision of the Prison Litigation Reform Act of 1996 ("PLRA"), codified at 28 U.S.C. § 1915(g), prohibits him from proceeding in forma pauperis as he has had three prior actions or appeals dismissed as frivolous, malicious, or for failing to state a viable claim, and it being evident that there is no indiction that plaintiff "is under imminent serious physical injury, " 28 U.S.C. § 1915(g) (setting forth the three strikes rule which provides that an inmate who has three prior actions or appeals dismissed as frivolous, malicious, or for failing to state a viable claim may not proceed in forma pauperis "unless the prisoner is under imminent danger of serious physical injury"); see also Abdul-Akbar v. McKelvie , 239 F.3d 307, 312 (3d Cir. 2001) (en banc) (finding that the plaintiff must allege facts showing that he was in imminent danger at the time the complaint was filed and that allegations that he faced imminent danger in the past are not sufficient to trigger the exception to section 1915(g)), it is hereby ORDERED that:
1. Plaintiff's motion to proceed in forma pauperis (Doc. 4) is DENIED.
2. Plaintiff's motion for order determining status as to payment of filing fees (Doc. 7) is DENIED.
3. The administrative order (Doc. 6) is hereby VACATED. The Clerk of Court shall send notice to the warden at plaintiff's present place of incarceration.
4. Plaintiff's complaint (Doc. 1) is DISMISSED without prejudice, pursuant to 28 U.S.C. § 1915(g).
5. The Clerk of Court is directed to CLOSE this case.
6. Any appeal from this order is DEEMED frivolous and not in good faith. See 28 U.S.C. § 1915(a)(3).