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Lyons v. Beard

United States District Court, M.D. Pennsylvania

November 10, 2014

ERIC LYONS, Plaintiff,
v.
JEFFREY BEARD, et al., Defendants.

ORDER

CHRISTOPHER C. CONNER, Chief District Judge.

AND NOW, this 10th day of November, 2014, upon consideration of the report (Doc. 43) of Chief Magistrate Judge Martin C. Carlson, recommending the court deny defendants' second motion (Doc. 37) to revoke plaintiff Eric Lyons' ("Lyons") in forma pauperis status 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 at present 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 it appearing that neither party has objected to the report, and that there is no clear error on the face of the record, [1] see Nara v. Frank, 488 F.3d 187, 194 (3d Cir. 2007) (explaining that the failure to timely object "may result in forfeiture of de novo review at the district court level"), it is hereby ORDERED that:

1. The report (Doc. 43) of Chief Magistrate Judge Martin C. Carlson is ADOPTED in its entirety.
2. Defendants' motion (Doc. 37) to revoke plaintiff's in forma pauperis status pursuant to 28 U.S.C. § 1915(g) is DENIED without prejudice.
3. This case is REMANDED to Chief Magistrate Judge Carlson for further proceedings.

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