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UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA RAFAEL RODRIGUEZ-PEREZ Plaintiff, v. MR. CLARK, Defendant. : : : : : : : : : CV. No. 1:09-CV-1688

(Judge Conner ) (Magistrate Judge Carlson)

MEMORANDUM AND ORDER This is a pro se civil rights complaint brought pursuant by a federal prisoner, Rafael Rodriguez-Perez. The plaintiff's original complaint was filed on August 31, 2009, and the plaintiff has twice filed amended complaints in this case, most recently filing an amended complaint on December 31, 2009. The gravamen of these complaints is identical. In each complaint the plaintiff alleges that the defendant violated his constitutional rights by assaulting him on April 5, 2007. Thus, in each instance, Rodriguez-Perez complains about prison misconduct which allegedly took place more than two years ago. This Court has a statutory obligation to conduct a preliminary review of pro se complaints brought by plaintiffs given leave to proceed in forma pauperis. See 28 U.S.C.

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