Schiff v. Kleinbord et al, No. 8:2020cv00953 - Document 3 (D. Md. 2020)

Court Description: MEMORANDUM OPINION AND ORDER granting 2 Motion for Leave to Proceed in forma pauperis; dismissing 1 Complaint; assigning the Plaintiff a "Third Strike"; directing the Clerk to close this case. Signed by Judge Paula Xinis on 4/17/2020. (jf3s, Deputy Clerk)

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Schiff v. Kleinbord et al Doc. 3 Case 8:20-cv-00953-PX Document 3 Filed 04/20/20 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND GRAHAM HARRY SCHIFF, Plaintiff v OFFICER DAVID McBAIN, et al. Defendants GRAHAM HARRY SCHIFF, Plaintiff v MONTGOMERY COUNTY CIRCUIT COURT, et al, Defendants * * * * * * * ******* * * * * * * * Civil Action No. PX-20-830 Civil Action No. PX-20-844 ******* GRAHAM HARRY SCHIFF, Plaintiff v DAVID BOOTH, et al., Defendants GRAHAM HARRY SCHIFF, Plaintiff v DAVID BOOTH, et al., Defendants * * * * * * * ******* * * * * * * * ORDER Civil Action No. PX-20-902 Civil Action No. PX-20-953 For reasons stated in the foregoing Memorandum Opinion, it is this 17th day of April 2020, by the United States District Court for the District of Maryland, hereby ordered: 1. In Civil Action No. PX-20-830: Dockets.Justia.com Case 8:20-cv-00953-PX Document 3 Filed 04/20/20 Page 2 of 3 A. The Motion to Proceed in Forma Pauperis (ECF No. 2) IS GRANTED; B. The claims against the Montgomery County State’s Attorney’s Office and County Executive Marc Elrich ARE DISMISSED with prejudice. C. The claims against Officer McBain ARE DISMISSED without prejudice; D. The Complaint IS DISMISSED; and E. The Clerk CLOSE this case. 2. In Civil Action No. PX-20-844: A. The Motion to Proceed in Forma Pauperis (ECF No. 2) IS GRANTED; B. The Complaint IS DISMISSED; C. Plaintiff IS ASSIGNED a “first strike” pursuant to 28 U.S.C. § 1915; and D. The Clerk CLOSE this case. 3. Civil Action No. PX-20-902: A. The Motion to Proceed in Forma Pauperis (ECF No. 2) IS GRANTED; B. The Complaint IS DISMISSED; C. Plaintiff IS ASSIGNED a “second strike” pursuant to 28 U.S.C. § 1915; and D. The Clerk CLOSE this case. 4. In Civil Action No. PX-20-953: A. The Motion to Proceed in Forma Pauperis (ECF No. 2) IS GRANTED; B. The Complaint IS DISMISSED; C. Plaintiff IS ASSIGNED a “third strike” pursuant to 28 U.S.C. § 1915; and D. The Clerk CLOSE this case. 4. The Clerk SHALL FLAG a strike on the dockets for Civil Action Nos. PX 20-844, PX20-902, and PX-20-953; 2 Case 8:20-cv-00953-PX Document 3 Filed 04/20/20 Page 3 of 3 5. Plaintiff is barred from filing a complaint in forma pauperis unless he states a claim indicating that he is in imminent danger of physical harm; and 6. The Clerk SHALL SEND a copy of this Order and the foregoing Memorandum Opinion to Plaintiff. /S/ Paula Xinis United States District Judge 3

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