BROWN v. CURRAN FROMHOLD CORRECTIONAL FACILITY

Filing 2

MEMORANDUM AND ORDER THAT THE PETITION IS DENIED WITHOUT PREJUDICE; IF PLFF. FILES WITH THE COURT WITHIN TWENTY (20) DAYS FROM THE DATE OF THIS ORDER A NOTICE THAT HE WISHES TO PROCEED WITH THIS ACTION AND THEREBY PAY THE $350.00 FILING FEE, THIS ACTION WILL BE REINSTATED; THE CLERK OF COURT SHALL CLOSE THIS CASE STATISTICALLY.. SIGNED BY JUDGE LEGROME D. DAVIS ON 4/18/07. 4/19/07 ENTERED AND COPIES MAILED.(pr, )

BROWN v. CURRAN FROMHOLD CORRECTIONAL FACILITY

Doc. 2

Case 2:07-cv-01510-LDD

Document 2

Filed 04/18/2007

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ZACHARY BROWN v. CURRAN FROMHOLD CORRECTIONAL FACILITY : : : : : : AND CIVIL ACTION

NO. 07-1510 ORDER

MEMORANDUM

Plaintiff, a prisoner at the Curran-Fromhold Correctional Facility, seeks to bring a civil action in forma pauperis,1 without prepayment of fees or security therefor, asserting claims pursuant to 42 U.S.C. § 1983. The Prison Litigation Reform Act

of 1995, Pub. L. No. 104-134, 110 Stat. 1321 (April 26, 1996) (the "Act"), which amends 28 U.S.C. § 1915, establishes certain financial requirements for prisoners who are attempting to bring a civil action or file an appeal in forma pauperis. Under the Act, a prisoner bringing a civil action in forma pauperis must pay the full amount of the $350 filing fee. U.S.C. § 1915(b)(1). 28

The prisoner must submit a certified copy

of his inmate trust fund account statement for the 6-month period immediately preceding the filing of his complaint so the Court can determine how the $350 filing fee will be paid. 1915(a)(2). 28 U.S.C. §

The prisoner must obtain this statement from the

appropriate official of each prison at which he was or is confined. Id. The Court must then "assess [the prisoner's

financial status] and, when funds exist, collect, as a partial

1

Suits brought in forma pauperis are governed by 28 U.S.C. §

1915.

Dockets.Justia.com

Case 2:07-cv-01510-LDD

Document 2

Filed 04/18/2007

Page 2 of 3

payment of any court fees required by law, an initial partial filing fee of 20 percent of the greater of-- (A) the average monthly deposits to the prisoner's account; or (B) the average monthly balance in the prisoner's account for the 6-month period immediately preceding the filing of the complaint . . . ." Plaintiff's inmate trust fund account statement for the sixmonth period immediately preceding the filing of this complaint shows average monthly deposits of $1.66, average monthly balances of $1.72, and a current balance of $.26. Based upon this

financial information, plaintiff will not be assessed an initial partial filing fee. The Warden or other appropriate official at

the Curran-Fromhold Correctional Facility or at any prison at which plaintiff may be incarcerated will be directed to deduct from plaintiff's prison account--each time that the balance in plaintiff's inmate trust account exceeds $10--an amount no greater than 20 percent of the money credited to plaintiff's account during the preceding month and forward that amount to the Clerk of Court until the filing fee is paid. Plaintiff may not

have known when he brought this action that he must pay the filing fee, and that even if the full filing fee, or any part of it, has been paid, the Court must dismiss the case if it finds that the action is: (1) frivolous or malicious; (2) fails to state a claim upon which relief may be granted; or (3) seeks monetary relief against a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B). If the Court dismisses the

case for any of these reasons, the Act does not permit the prisoner to get his filing fee back.

Case 2:07-cv-01510-LDD

Document 2

Filed 04/18/2007

Page 3 of 3

We shall give plaintiff twenty (20) days from the date of this order to decide whether he wants to proceed with this case. If by that time, plaintiff decides not to proceed with the case, he need not pay the $350 filing fee. For the foregoing reasons, it is, this April, 2007, hereby ORDERED that: 1. The petition is DENIED WITHOUT PREJUDICE to its day of

reassertion in accordance with the terms of this order; 2. If plaintiff files with the Court within twenty (20)

days from the date of this order a notice that he wishes to proceed with this action and thereby obligate himself to pay the $350 filing fee, this action will be reinstated; and 3. The Clerk of Court shall CLOSE this case statistically.

BY THE COURT:

/S/ LEGROME D. DAVIS, J.