The opinion of the court was delivered by: Honorable Paul A. Crotty, United States District Judge:
ORDER ADOPTING REPORT AND RECOMMENDATION
Joshua Liner ("Liner") brings this 42 U.S.C. § 1983 ("Section 1983") action, pro se, against Defendants Brian Fischer, Commissioner of the New York State Department of Corrections and Community Supervision ("DOCCS"); Carl J. Koenigsmann, Chief Medical Doctor for DOCCS; Ada Perez, Superintendent of Downstate Correctional Facility; and L. Wilcox, a Nurse Practitioner at Lakeview Shock Incarceration Correctional Facility, alleging constitutional violations arising from various incidents at correctional facilities where New York State has housed him.
On December 8, 2011 the Court referred the case to Magistrate Judge James L. Cott for general pretrial and dispositive motions. (ECF No. 8.) On April 19, 2012, Defendants moved to revoke Liner's in forma pauperis ("IFP") status and conditionally dismiss the Complaint. (ECF No. 15.) Liner filed his opposition on May 10, 2012. (ECF No. 24.) On July 11, 2012, Magistrate Judge Cott issued his Report and Recommendation that the motion be denied without prejudice. ("R&R," ECF No. 27.) For the reasons set forth below, the Court adopts Magistrate Judge Cott's R&R in its entirety and denies Defendants' motion without prejudice.
Liner is currently incarcerated at Lakeview Shock Incarceration Correctional Facility. Liner asserts that he has had glaucoma since 2006, and that an "eye specialist" has prescribed him three bottles of unspecified eye drops, but for the past year and a half, prison officials have only allowed him access to two bottles of the medication. He also alleges that he has been denied his eye medication altogether on several occasions when he was transferred to Downstate Correctional facility. Liner claims that when he receives all three bottles, his vision improves, but when he only receives two bottles, his vision deteriorates, and asserts that he could lose his vision completely if he is not allowed access to all three bottles of medication.
Liner also asserts various other claims for constitutional violations arising from his treatment at several New York State correctional facilities.
Defendants argue that pursuant to Section 1915(g) of the Prison Litigation Reform Act ("PLRA"), 28 U.S.C. § 1915(g) ("Section 1915(g)"), Liner is barred from bringing a new action IFP because he has had at least three prior actions dismissed as frivolous, malicious, or for failure to state a claim. While Section 1915(g) includes an exception for when a plaintiff alleges facts that show he is in "imminent danger of serious physical injury," Defendants argue that Liner does not qualify because the physical symptoms complained of do not satisfy this standard, and request that the Court revoke Plaintiff's IFP status and dismiss the action without prejudice, subject to reopening if Liner pays the $350 filing fee within 30 days.
Liner argues that his previous cases do not qualify as "strikes" under the PLRA and asserts that Defendants' withholding of his eye medication will cause his vision to deteriorate and lead to blindness. He alleges this threat qualifies as "imminent danger of ...