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Piskanin v. Dancha

United States District Court, M.D. Pennsylvania

November 21, 2014

MICHAEL JOHN PISKANIN, Plaintiff,
v.
DR. ANDREW DANCHA, et al., Defendants.

ORDER

CHRISTOPHER C. CONNER, Chief District Judge.

AND NOW, this 21st day of November, 2014, upon preliminary consideration of plaintiff's civil rights action pursuant to "U.S. Constitution Amendments 1, 4, 5, 6, 7, 8, 9, 14, Americans with Disabilities Act, Pennsylvania Adult Protective Svcs. Act, Pennsylvania Constitution Article I, § 7 (Retaliation)" (Doc. 1, ¶ 4)[1], in which he seeks to proceed in forma pauperis (Doc. 5), 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 because he has had three prior actions or appeals dismissed as frivolous, malicious, or for failing to state a viable claim, [2] and it being evident that there is no indication that plaintiff "is under imminent serious physical injury, "[3] 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 (Doc. 5) for leave to proceed in forma pauperis is DENIED.
2. The Clerk of Court is directed to VACATE the administrative order (Doc. 7).
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 frivolous and not in good faith. See 28 U.S.C. § 1915(a)(3).

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