PISKANIN v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS et al

Filing 49

MEMORANDUM ORDER - it is hereby Ordered that 33 Motion for Emergency Preliminary Relief is DENIED; 41 Motion for Emergency Relief is DENIED; 12 Motion to Dismiss the Complaint is GRANTED. It is further Ordered that 4 Court Order granting Pla intiff's motion to proceed in forma pauperis is VACATED, that Plaintiff's motion to proceed in forma pauperis, (ECF No. 3 ) is DENIED in accordance with 28 U.S.C. Section 1915(g) and this action is DISMISSED for Plaintiff's failure to pay the filing fee, with the right of Plaintiff to reopen by paying the full $350.00 filing fee within 60 days. It is further Ordered that the Report and Recommendations (ECF Nos. 34 , 38 , and 45 ) are ADOPTED as the Opinions of the Court. It is further Ordered that the Clerk of Court mark this case CLOSED. And it is further Ordered that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, Plaintiff has 30 days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 9/27/2010. (dlg)