PAULCIN
v.
KEY
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The court adopted the magistrate judge's report and recommendation, granting dismissal of declaratory and injunctive relief but denying dismissal of other claims.
Plaintiff, a prisoner proceeding in forma pauperis, alleged imminent danger of serious injury. Defendant sought to dismiss the complaint and strike th…
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1915(g) analysis.”); Brown v. Watson, No. 2:20cv00576–JRS–MJD, 2021 WL 1890128, at *4 (S.D. Ind. May 11, 2021) (“Where the court grants a motion for pauper status based on the “imminent danger” exception in 28 U.S.C. 1915(g), the court will not revisit the motion based on the defendants’ argument that the risk of imminent danger is no longer present.”); Bure v. Miami-Dade Corrections Dept., No. 11–cv–21459–LENARD/WHITE, 2012 WL 12876019, at *5 (S.D. Fla. Feb. 10, 2012) (rejecting the defendant’s argument that the plaintiff’s in forma pauperis status should be revoked because the plaintiff was no longer housed in Miami- Dade when he filed the operative amended complaint).
Accordingly, it is ORDERED: 1. The magistrate judge's report and recommendation (ECF No. 70) is hereby ADOPTED and incorporated by reference into this order. 2. Defendant’s motion (ECF No. 55) to dismiss and to strike Plaintiff’s in forma pauperis status is GRANTED to the extent Defendant seeks dismissal of Plaintiff’s requests for declaratory and injunctive relief. The motion is otherwise
DENIED.
3. Defendant shall have up to and including June 8, 2021, to file an answer to Plaintiff’s fourth amended complaint. 4. The clerk shall return the case to the magistrate judge for further proceedings. DONE AND ORDERED this 4th day of June , 2021.
s/ William Stafford