UNITED STATES DISTRICT COURT

FOR THE

MIDDLE DISTRICT OF PENNSYLVANIA

RASHEED SUTON BEYAH, :

:

 Plaintiff, : No. 4:CV-05-1591

:

vs. : (Complaint filed 08/08/05)

:

C/O’S, LT’S, CAPT’S, MAJOR, : (Judge Muir)

SGT’S, DEPUTY’S SUPERINTENDENT, :

and GRIEVANCE COORDINATOR’S, :

:

Defendants : (Magistrate Judge Smyser) 

ORDER

November 3, 2005

THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:

On August 8, 2005, Plaintiff Rasheed Suton Beyah, an inmate

at the State Corrections Facility at Waymart, Pennsylvania,

initiated this action by filing a civil rights complaint pursuant

to 42 U.S.C. § 1983. On that same date Beyah filed an

application to proceed in forma pauperis.

The Clerk of Court assigned this case to us and referred it

to Magistrate Judge J. Andrew Smyser for preliminary

consideration. On August 26, 2005, the Magistrate Judge issued

an order denying without prejudice Beyah’s application to proceed

in forma pauperis because Beyah indicated that while incarcerated

he had filed three or more prior actions in a court of the United

States which had been dismissed as frivolous, malicious, or

failed to state a claim upon which relief could be granted. In

that order the Magistrate Judge allowed Beyah 30 days from the

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date of the order to pay the entire $250.00 filing fee to proceed

with this case. 

On October 13, 2005, the Magistrate Judge issued a report

recommending that the complaint be dismissed because Beyah had

not paid the filing fee. The time allowed for the parties to

file objections to the Report and Recommendation expired on

October 31, 2005, and to this date no objection has been filed.

When no objections are filed to the report of a Magistrate Judge,

we need only review that report as we in our discretion deem

appropriate. Thomas v. Arn, 474 U.S. 145, 151-52 (1985). 

Title 28 U.S.C. § 1915(g) provides as follows:

In no event shall a prisoner bring a civil action or appeal

a judgment in a civil action or proceeding under this

section if the prisoner has, on 3 or more prior occasions,

while incarcerated or detained in any facility, brought an

action or appeal in a court of the United States that was

dismissed on the grounds that it is frivolous, malicious, or

fails to state a claim upon which relief may be granted,

unless the prisoner is under imminent danger of serious

physical injury..

28 U.S.C. § 1915(g). In his application to proceed in forma

pauperis Beyah answered “no” to the question of whether he seeks

relief in this case because he is under imminent danger of

serious physical injury. (Application to Proceed In Forma

Pauperis, p. 1, ¶3.(a))

Under the circumstances of this case, Magistrate Judge

Smyser properly required Beyah to pay the full filing fee in

order to proceed with this action. Our review of this case

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confirms the Magistrate Judge’s conclusion that this action

should be dismissed for Beyah’s failure to pay the full filing

fee within the time allowed by the Magistrate Judge’s order of

August 26, 2005.

We will adopt Magistrate Judge Smyser’s report and

recommendations in toto because they are free from error and no

objection to them has been filed.

NOW, THEREFORE, IT IS ORDERED THAT:

1. Magistrate Judge Smyser’s report and recommendation

(Document 8) dated October 13, 2005, is adopted in

toto.

2. The complaint is dismissed because Beyah has failed to

pay the filing fee within the time allowed and he is

barred from proceeding in forma pauperis.

3. The Clerk of Court shall close this case.

s/Malcolm Muir 

MUIR, U.S. District Judge

MM:ga

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