December 10, 2013
DIMAS SANTIAGO, Plaintiff,
THE SUPERIOR COURT OF PENNSYLVANIA, et al., Defendants.
CHRISTOPHER C. CONNER, Chief District Judge,
AND NOW, this 10th day of December, 2013, upon consideration of the report of Magistrate Judge Thomas M. Blewitt (Doc. 7), recommending the court deny plaintiff's motion (Doc. 2) for leave to proceed in forma pauperis and dismiss without prejudice plaintiff's complaint (Doc. 1) pursuant to 28 U.S.C. § 1915(g) (the "three strikes rule") because plaintiff has previously had at least three civil actions dismissed as frivolous, malicious or for failure to state a claim, see Santiago v. Saul, No. 1:12-cv-2007 (M.D. Pa. Aug. 14, 2013); Santiago v. Lebanon Cnty. Prison, No. 1:13-cv-0292 (M.D. Pa. Aug. 13, 2013); Santiago v. Lebanon Cnty. Prison, No. 1:13-cv-0587 (M.D. Pa. July 10, 2013),  and has failed to satisfy the imminent danger exception to the three strikes as articulated in Abdul-Akbar v. McKelvie, 239 F.3d 307, 312 (3d Cir. 2001) ( en banc ), and is barred from filing any future lawsuits in forma pauperis, and, following an independent review of the record, it appearing that neither party has objected to the report, and that there is no clear error on the face of the record,  see Nara v. Frank , 488 F.3d 187, 194 (3d Cir. 2007) (explaining that "failing to timely object to [a report and recommendation] in a civil proceeding may result in forfeiture of de novo review at the district court level"), it is hereby ORDERED that:
1. The report of the magistrate judge (Doc. 7) is ADOPTED in its entirety.
2. Plaintiff's motion (Doc. 2) for leave to proceed in forma pauperis is DENIED.
3. Plaintiff's complaint (Doc. 1) is DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(g).
4. The Clerk of Court is directed to CLOSE this case.
5. Any appeal from this order is deemed to be frivolous and not taken in good faith. See 28 U.S.C. § 1915(a)(3).