Free Order on Motion for Reconsideration - District Court of Delaware - Delaware

Case 1:04-cv-01441-JJF Document 16 Filed 05/31/2005 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
RONALD E. PROCTOR, JR., )
Plaintiff, i
v. i Civ. No. 04-1441-JJF
C/O BOSTON, C/O WATSON, i
SGT. WASHINGTON, MAJOR }
CUNNINGHAM, and DR. JOHN DOE, }
Defendants. i
ORDER DENYING MOTION FOR RECONSIDERATION
WHEREAS, the plaintiff is a prisoner incarcerated at
the Delaware Correctional Center in Smyrna, Delaware, and on
November 10, 2004, the plaintiff filed a complaint under 42
U.S.C. § 1983 (D.I. 1);
WHEREAS, on November 22, 2004, the plaintiff filed a
motion to proceed in fgrma pauperis under 28 U.S.C. § 1915 (D.I.
5) :
WHEREAS, on March 3, 2005, the Court entered an order
denying leave to proceed ig forma pauperis because the plaintiff
has had six prior suits dismissed as frivolous, malicious or for
failure to state a claim upon which relief may be granted and the
instant complaint does not allege an imminent threat of physical
injury (D.I. 8):
WHEREAS, the Court ordered the plaintiff to pay the
$150 filing fee within thirty (30) days from the date the order

Case 1:04-cv-01441-JJF Document 16 Filed 05/31/2005 Page 2 of 2
was sent or the case would be dismissed;
WHEREAS, on April 25, 2005, the Court dismissed the E
complaint without prejudice because the plaintiff failed to pay E
the required filing fee within the time prescribed (D.I. 12); j
WHEREAS, on May 10, 2005, the Court received the Q
plaintiff’s letter motion for reconsideration (D.I. 13); i
WHEREAS, the plaintiff alleges he is "in imminent a
danger of serious mental harm and physical injury" (Ig.);
WHEREAS, the plaintiff alleges that the incidents in
the complaint occurred in November 2002 (D.I. 11); j
WHEREAS, the plaintiff fails to allege sufficient facts é
to support his claim that he was in imminent danger of physical 5
injury or death at the time he filed the complaint in November j
2004, gi Abdul-Akbar v. McKelvie, 239 F.3d 307 (3d Cir. 2001);
THEREFORE, at Wilmington this 4EgL_ day of
E¥l£;i§; , 2005, IT IS ORDERED that the plaintiff’s
request is DENIED. The plaintiff shall pay the filing fee of
$150.00 within thirty (30) days from the date this order is sent.
If the plaintiff fails to pay the $150.00 in the time provided,
then the Court shall dismiss the action without prejudice.
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Un{t§d S§ate§9District Judég
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