United States District Court, W.D. Pennsylvania
ARTHUR J. SCHWAB, District Judge.
This case has been referred to United States Magistrate Judge Cynthia Reed Eddy for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 626(b)(1)(A) and (B), and Rules 72.C and 72.D of the Local Rules for Magistrates.
On April 30, 2015, the magistrate judge issued a Report and Recommendation (ECF No. 2) recommending that Plaintiffs Motion for Leave to Proceed in forma pauperis (ECF No. 1) be denied in accordance with 28 U.S.C. § 1915(g) and that this action be dismissed without prejudice to Plaintiff reopening it by paying the full statutory filing fee and administrative filing fees, totaling $400.00. Service of the Report and Recommendation was made, and Plaintiff was advised that written objections to the Report and Recommendation were due by May 18, 2015. To date, Plaintiff has not filed any objections nor has she sought an extension of time in which to do so.
For the same reasons stated in the Magistrate Judge's Report and Recommendation, Plaintiffs motion for leave to proceed in forma pauperis is DENIED. Plaintiff is no stranger to the in forma pauperis standards, generally, and the "three strike" standards, specifically, and Plaintiff's Complaint fails to establish "imminent danger" as defined under the law.
After a de novo review of the pleadings and documents in the case, together with the Report and Recommendation, the following Order is entered:
AND NOW, this 20th day of May, 2015,
It is hereby ORDERED that Plaintiff's Motion for Leave to Proceed in forma pauperis (ECF No. 1) is DENIED, and this case is DISMISSED WITHOUT PREJUDICE to reopening once ...