Massey v. Dallesandro et al, No. 1:2009cv05911 - Document 15 (S.D.N.Y. 2010)

Court Description: DECISION AND ORDER REVOKING PLAINTIFF'S IFP STATUS AND CONDITIONALLY DISMISSING THE COMPLAINTS: granting 16 Motion for Revoke Plaintiff's IFP Status and Conditionally Dismiss the Complaint ; granting 16 Motion to Dismiss. Plaintiff has file d at least three prior federal-court actions that qualify as strikes for the PLRA's "three-strikes" rule, and Plaintiff does not fall within the "imminent danger" exception. Thus, the Court revokes Plaintiffs IFP status in th e 6098 Action and conditionally dismisses the 6098 Complaint pursuant to § 1915(g), until Plaintiff pays the entire filing fee in the 6098 Action. The Court likewise revokes Plaintiffs IFP status in the 5911 Action and conditionally dismisses th e 5911 Complaint pursuant to § 1915(g), until Plaintiff pays the entire filing fee in the 5911 Action. Plaintiff has 30 days from the service upon him of this Order to pay the filing fees. If Plaintiff fails to pay the filing fee in either or both Actions within 30 days of service of this Order, the Action(s) in which the filing fee has not been paid will be dismissed with prejudice. (Signed by Judge Colleen McMahon on 1/15/2010) Copies Mailed By Chambers. (tve)