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HomeMy WebLinkAbout03-5985 CivilJOHN RICHARD JAE, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DR. JEFFREY A. BEARD, PH.D., DR. FRED MAUE, M.D., DR. R. KOLLI, M.D., WILLIAM S. STRICKMAN, DAVE ROBERTS, REBECCA KESSLER, SGT. A. LYNCH,: MR. JAMES WEST AND MR. JAMES MEPA, DEFENDANTS : 03-5985 CIVIL TERM IN RE: OPINION PURSUANT TO PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1925 Bayley, J., March 30, 2004:-- Plaintiff, John Richard Jae sought to proceed in forma pauperis to file a civil complaint constituting prison conditions litigation.1 On December 1, 2003, the following order was entered: AND NOW, this lStday of December, 2003, pursuant to 42 Pa.C.S. §§ 6601-6608, IT IS ORDERED that before a determination is made of whether to allow plaintiff to proceed in forma pauperis, he shall file of record a statement listing every civil suit he has instituted while a prisoner in any state or federal court except Cumberland County, with the docket number, and set forth either the disposition and the reasons thereof, or status of such litigation. This shall include the disposition and reasons thereof, or the status of the suit at 00-0057 Civil transferred from this court 1 The Judicial Code, 42 Pa.C.S. Section 6601, defines "Prison conditions litigation" as: A civil proceeding arising in whole or in part under Federal or State Law with respect to the conditions of confinement or the effects of actions by a government party on the life of an individual confined in prison .... 03-5985 CIVIL TERM to the United States District Court on February 24, 2000.4 ~ Plaintiff has filed the following litigation in the Court of Common Pleas of Cumberland County. (1) A complaint on January 5, 2000 at 00-0057 Civil. The case was transferred to the United States Court in the Middle District of Pennsylvania on February 24, 2000. (2) A complaint on May 18, 2000 at 00-3092 Civil. On May 25, 2000, the petition to proceed in forma pauperis was denied. The Commonwealth Court of Pennsylvania dismissed an appeal on November 19, 2000. (3) A complaint on November 1, 2000 at 00-7746 Civil. On November 9, 2000, the petition to proceed in forma pauperis was denied because the underlying claim was frivolous. (4) A complaint on August 7, 2001 at 01-4697 Civil. On May 9, 2002, the complaint was dismissed on preliminary objections. (5) A complaint on June 4, 2002 at 02-2720 Civil. On July 16, 2002, the defendants obtained a Rule to show cause why plaintiff's in forma pauperis status should not be revoked. That is the last entry on the docket. (6) A complaint on June 24, 2002, at 02-3016 Civil. The suit was dismissed on August 9, 2002. On December 11, 2003, plaintiff complied with the order of December 1st. On December 19, 2003, it was ordered that "the petition of John Richard Jae to proceed in forma pauperis, IS DENIED." On January 29, 2004, a notice of appeal to the Commonwealth Court of Pennsylvania was filed with the Prothonotary of Cumberland County. The notice is signed by John Richard Jae and dated January 19, 2004. The record reflects that this is the seventh civil case filed by plaintiff in this court. One of those cases was dismissed on the basis that the underlying claim was frivolous. Plaintiff has filed seventeen other civil cases in federal and state courts. Five of those were dismissed as frivolous. The Judicial Code, 42 Pa.C.S. Section 6602(e), provides: (e) Dismissal of litigation.--Notwithstanding any filing fee which has been paid, the court shall dismiss prison conditions litigation at -2- 03-5985 CIVIL TERM any time, including prior to service on the defendant, if the court determines any of the following:... -3- 03-5985 CIVIL TERM (2) The prison conditions litigation is frivolous... (Emphasis added.) Section 6602(f) provides: (f) Abusive litigation.--If a prisoner has previously filed prison conditions litigation and: (1) three or more of these prior civil actions have been dismissed pursuant to subsection (e)(2)... the court may dismiss the action. The practical effect of a denial of a petition to proceed in forma pauperis is the dismissal of the complaint. Conover v. Mikosky, 415 Pa. Super. 348 (1992). Pennsylvania Rule of Civil Procedure 240(j) provides: If, simultaneous with the commencement of an action or proceeding or the taking of an appeal, a party has filed a petition for leave to proceed in forma pauperis, the court prior to acting upon the petition may dismiss the action, proceeding or appeal if the allegation of poverty is untrue or if it is satisfied that the action, proceeding or appeal is frivolous. Rule 240(j) compels courts to avoid granting in forma pauperis status to litigants who fail to present a valid cause of action. Thomas v. Holtz, 707 A.2d 569 (Pa. Commw. 1998); Keller v. Kinsley, 415 Pa. Super. 366 (1992). The complaint in the within case is abusive litigation and subject to dismissal. Thus, denying plaintiff's petition to proceed in forma pauperis was proper. (Date) Edgar B. Bayley, J. -4- 03-5985 CIVIL TERM John Richard Jae, #BQ-3219, Pro se SCI Pittsburgh P.O. Box 99901 Pittsburgh, PA 15233-0901 :sal -5-