IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

RUSSELL LEE VANCE : CIVIL ACTION

:

v. :

:

BRIAN P. MCCAULLEY, Pa. State :

Trooper, individually and also :

in his official capacity : NO. 02-4344

M E M O R A N D U M

O'NEILL, J. JULY , 2002

Plaintiff, a prisoner at S.C.I. Pittsburgh, is seeking

to bring a civil action under 42 U.S.C. § 1983 without prepayment

of fees. Plaintiff alleges that the defendant, Pennsylvania

State Trooper Brian P. McCaulley, arrested him for a crime he did

not commit, following an investigation that plaintiff alleges was

improperly conducted and racially biased. As a result, plaintiff

was charged with assault and weapons violations. He seeks

damages.

Pursuant to 28 U.S.C. § 1915(g), a prisoner who on

three or more prior occasions while incarcerated has filed an

action in a federal court that was dismissed as frivolous,

malicious, or for failure to state a claim upon which relief may

be granted, must be denied in forma pauperis status unless he is

in imminent danger of serious physical injury at the time that

the complaint is filed. Abdul-Akbar v. McKelvie, 239 F.3d 307

(3d Cir.), cert. denied, 533 U.S. 953 (2001). 

Plaintiff has, prior to the instant action, filed

numerous civil rights actions in this Court which were dismissed

Case 2:02-cv-04344-TON Document 2 Filed 07/16/2002 Page 1 of 4
1. The three civil rights actions most recently dismissed by

this Court were: (1) Civil Action No. 96-0438, dismissed as

frivolous on January 24, 1996; (2) Civil Action No. 94-0288,

dismissed as frivolous on January 21, 1994; and (3) Civil Action

No. 94-0255, dismissed as frivolous on January 24, 1994. 

2. Because the incident which gives rise to this complaint

occurred at S.C.I. Huntingdon, which is located in the Middle

District of Pennsylvania, and the defendant appears to reside in

the Middle District of Pennsylvania, pursuant to 28 U.S.C. §

1391(b), this action may not be brought in the United States

District Court for the Eastern District of Pennsylvania.

as frivolous.1 Furthermore, nothing in this complaint suggests

that plaintiff, who is no longer confined at the state

correctional institution where the incident giving rise to this

complaint allegedly occurred, is in imminent danger of serious

physical injury. 

The Court also notes that plaintiff appears to have

sufficient funds in his inmate account, $241.12, to pay the

filing fee to commence this action, and that venue does not

appear to be properly laid in this judicial district.2

Accordingly, plaintiff's motion to proceed in forma

pauperis will be denied. An appropriate order follows.

Case 2:02-cv-04344-TON Document 2 Filed 07/16/2002 Page 2 of 4
 IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

RUSSELL LEE VANCE : CIVIL ACTION

:

v. :

:

BRIAN P. MCCAULLEY, Pa. State :

Trooper, individually and also :

in his official capacity : NO. 02-4344

 

O R D E R

AND NOW, to wit, this day of July, 2002, in

accordance with the accompanying memorandum, IT IS ORDERED that

plaintiff's motion for leave to proceed in forma pauperis is

DENIED pursuant to 28 U.S.C. § 1915(g).

BY THE COURT:

 

THOMAS N. O'NEILL, JR., J. 

Case 2:02-cv-04344-TON Document 2 Filed 07/16/2002 Page 3 of 4
Case 2:02-cv-04344-TON Document 2 Filed 07/16/2002 Page 4 of 4