United States District Court, M.D. Pennsylvania
May 23, 2014
ERIC LYONS, Plaintiff,
JEFFREY BEARD, et al., Defendants.
CHRISTOPHER C. CONNER, Chief District Judge.
AND NOW, this 23rd day of May, 2014, upon consideration of the report of Chief Magistrate Judge Martin C. Carlson (Doc. 29), recommending the court deny, without prejudice, defendants' motion (Doc. 17) to revoke the in forma pauperis status of plaintiff Eric Lyons ("Lyons") pursuant to 28 U.S.C. § 1915(g) (the "three strikes rule"), and, following an independent review of the motion, the court agreeing with the magistrate judge that the record as presently developed does not permit a finding that Lyons "has, on three or more prior occasions... brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, " id., and noting, as Judge Carlson did, that the evidence with respect to two of three cases identified by defendants, Lyons v. Ward, No. 97-7583 (3d Cir. 1997), and Lyons v. Horn, No. 98-1596 (W.D. Pa. 1998), consists solely of two ambiguous docket sheets, neither of which support the conclusion that the prior cases were dismissed for frivolity or failure to state a claim, and thus concluding that the three strikes rule is inapplicable at this stage, and it further 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. 29) is ADOPTED in its entirety.
2. Defendants' motion (Doc. 17) to revoke Lyon's in forma pauperis status is DENIED without prejudice.
3. This case is REMANDED to Chief Magistrate Judge Carlson for further proceedings.