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Brown v. Lyons

United States District Court, Third Circuit

October 16, 2013

ALTON D. BROWN, Plaintiff,
v.
R. LYONS, et al., Defendants.

ORDER

EDUARDO C. ROBRENO, District Judge.

AND NOW, this 16th day of October, 2013, for the reasons set forth in the accompanying memorandum, it is hereby ORDERED as follows:

(1) The Order entered February 14, 2013 (ECF No. 17) granting Plaintiff's application to proceed in forma pauperis ("IFP") is MODIFIED to grant IFP status only as to those claims in the Second Amended Complaint (ECF No. 20) that allege a threat of imminent danger of serious physical injury, as described in the accompanying memorandum. IFP status is DENIED as to all other claims. Accordingly, Plaintiff's claims that fail to allege a threat of imminent danger are DISMISSED without prejudice due to Plaintiff's failure to pay the appropriate filing fee.

(2) Plaintiff's remaining claims are DISMISSED with prejudice pursuant to 28 U.S.C. ยงยง 1915(e)(2) and 1915A.

(3) Plaintiff's requests for orders requiring service of the Second Amended Complaint (ECF Nos. 20, 22) are DENIED as moot.

(4) Plaintiff's motions for a temporary restraining order and preliminary injunction (ECF Nos. 5, 21, 24) are DENIED as moot.

AND IT IS SO ORDERED.


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