MATTHEWS v. STREET et al

Filing 2

MEMORANDUM - ORDER: THE PETITION IS DENIED WITHOUT PREJUDICE TO ITS REASSERTION IN CONFORMANCE WITH THE TERMS OF THIS ORDER; IF PLFF FILES A NOTICE THAT HE WILL PROCEED, THE ACTION WILL BE REINSTATED; AND THE CLERK OF COURT SHALL CLOSE THIS CASE STATISTICALLY. SIGNED BY JUDGE EDMUND V. LUDWIG ON 5/30/07. 5/31/07 ENTERED AND COPIES MAILED.(fb)

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MATTHEWS v. STREET et al Doc. 2 Case 2:07-cv-02011-JF Document 2 Filed 05/31/2007 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF PENNSYLVANIA A N T H O N Y MATTHEWS, et al. v. J O H N STREET, et al. : : : : : C I V I L ACTION N O . 07-2011 M E M O R A N D U M - ORDER Ludwig, J. M a y 30, 2007 P l a i n t i f f , a prisoner at the Philadelphia Detention C e n t e r , filed this civil action requesting in forma pauperis, 1 w i t h o u t prepayment of fees or security. The Prison Litigation R e f o r m Act of 1995, Pub. L. No. 104-134, 110 Stat. 1321 (April 2 6 , 1996), which amends 28 U.S.C. 1915, establishes certain f i n a n c i a l requirements for prisoners attempting to bring a c i v i l action or file an appeal in forma pauperis. Under the Act, a prisoner in a civil action suing f o r m a pauperis must pay the full amount of the $350 filing fee. 28 U.S.C. 1915(b)(1). The prisoner must submit a c e r t i f i e d copy of his inmate trust fund account statement for t h e six-month period immediately preceding the filing of his c o m p l a i n t so it can be determined how the $350 filing fee will b e paid. 28 U.S.C. 1915(a)(2). The prisoner must obtain t h i s statement from the appropriate official of each prison at 1. Suits brought in forma pauperis are governed by 28 U.S.C. 1915. 1 Dockets.Justia.com Case 2:07-cv-02011-JF Document 2 Filed 05/31/2007 Page 2 of 3 w h i c h he or she was or is confined. Id. Next, an assessment m u s t be made of [the prisoner's financial status] and, when f u n d s exist, collected, as a partial payment of any court fees r e q u i r e d by law, an initial partial filing fee of 20 percent o f the greater of - (A) the average monthly deposits to the p r i s o n e r ' s account; or (B) the average monthly balance in the prisoner's account for the 6-month period immediately Id. statement, assessed. $9.52 an The from p r e c e d i n g the filing of the complaint . . . ." Based initial partial upon plaintiff's fee be of financial $9.52 to is filing will appropriate Warden directed deduct p l a i n t i f f ' s inmate account, when such funds become available, a n d forward that amount to the Clerk of the United States District Court for the Eastern District of Pennsylvania. P e r i o d i c a l l y thereafter, each time the balance in plaintiff's i n m a t e account exceeds $10, an amount no greater than 20 p e r c e n t of the money credited to plaintiff's account during t h e preceding month will be deducted and forwarded to the C l e r k of Court until the filing fee is paid. Plaintiff may have been unaware of the requirements o f the Act, and that even if the full filing fee, or any part o f it, has been paid, the action will be dismissed if it is: ( 1 ) frivolous or malicious; (2) fails to state a claim upon w h i c h relief may be granted; or (3) seeks monetary relief 2 Case 2:07-cv-02011-JF Document 2 Filed 05/31/2007 Page 3 of 3 a g a i n s t a defendant who is immune from such relief. 1915(e)(2)(B). 28 U.S.C. If the lawsuit is dismissed for any of these r e a s o n s , the Act does not permit the return of the filing fee. P l a i n t i f f is granted until June 15, 2007 within which t o decide whether to proceed. If plaintiff decides not to p r o c e e d , he need not pay the $350 filing fee. Accordingly: 1. T h e petition is denied without prejudice to its r e a s s e r t i o n in conformance with the terms of this order; 2. If plaintiff files a notice that he will p r o c e e d , which will obligate him to pay the $350 filing fee, t h e action will be reinstated; and 3. statistically. The Clerk of Court shall close this case B Y THE COURT: /s/ Edmund V. Ludwig EDMUND V. LUDWIG, J. 3

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