TRADER v. S. et al

Filing 7

ORDER THAT THE CLERK OF COURT SHALL RE-OPEN THE DOCKET IN THIS MATTER, PLAINTIFF'S APPLICATION TO PROCEED IN FORMA PAUPERIS IS GRANTED. THE CLERK OF COURT SHALL FILE THE COMPLAINT WITHOUT PREPAYMENT OF FEES OR SECURITY THE CLERK SHALL SERVE A CO PY OF THIS ORDER UPON THE U.S. ATTORNEY FOR THE EASTERN DISTRCIT OF PENNSYLVANIA AND THE WARDEN OF USP ATLANTA, GEORGIA AND IT IS FURTHER ORDERED THAT THE COMPLAINT IS DISMISSED WITH PREJUDICE AS FRIVOLOUS AND MALICIOUS AND FOR FAILURE TO STATE A CLA IM AND IT IS FURTHER ORDERED THAT THIS DISMISSAL SHALL COUNT AS A "STRIKE" FOR PURPOSES OF 28 U.S.C. SEC. 1915(g), PLAINTIFF IS ASSESSED A FILING FEE OF $350.00 WHICH SHALL BE DEDUCTED FROM PLAINTIFF'S ACCOUNT, ETC. THE CLERK SHALL RE-CLOSE THE COURT'S FILE IN THIS MATTER. SIGNED BY PETER G. SHERIDAN ON 5/2/11. 5/3/11 ENTERED AND COPIES MAILED TO PRO SE PETITIONER. (jpd)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
OSSIE ROBERT TRADER,
Plaintiff,
v.
R.S., Deputy Clerk, et al.,
Defendants.

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Civil Action No. 11-0039 (PGS)
ORDER

CLOSED

For the reasons expressed in the Opinion filed herewith,
IT IS on this 29TH day of April, 2011,
ORDERED that the Clerk of the Court shall RE-OPEN the Docket
in this matter by making an appropriate entry on the Docket; and
it is further
ORDERED that Plaintiff’s application to proceed in forma
pauperis is hereby granted pursuant to 28 U.S.C. § 1915(a) and
(b); and it is further
ORDERED that the Clerk of the Court shall file the Complaint
without prepayment of fees or security; and it is further
ORDERED that, pursuant to 28 U.S.C. § 1915(b), the Clerk
shall serve a copy of this Order by regular mail upon the U.S.
Attorney for the Eastern District of Pennsylvania and the warden
of the United States Penitentiary at Atlanta, Georgia; and it is
further

ORDERED that the Complaint is DISMISSED WITH PREJUDICE, as
frivolous and malicious and for failure to state a claim; and it
is further
ORDERED that this dismissal shall count as a “strike” for
purposes of 28 U.S.C. § 1915(g); and the Court further notes that
Plaintiff has now incurred three or more “strikes” for purposes
of 28 U.S.C. § 1915(g), see Carrasquillo v. Upton, Civil No. 090817 (E.D. Tex.); Trader v. Meehan, Civil No. 02-3791 (E.D. Pa.);
Trader v. United States, Civil No. 10-1881 (D.D.C.); and it is
further
ORDERED that Plaintiff is assessed a filing fee of $350.00
which shall be deducted from Plaintiff’s institutional account
pursuant to 28 U.S.C. § 1915(b)(2) in the manner set forth below,
regardless of the outcome of the litigation; and it is further
ORDERED that, pursuant to 28 U.S.C. § 1915(b)(2), until the
$350.00 fee is paid, each month that the amount in Plaintiff’s
prison account exceeds $10.00, the agency having custody of
Plaintiff shall assess, deduct from his institutional account,
and forward to the Clerk payments equal to 20% of the preceding
month’s income credited to Plaintiff’s institutional account,
with each payment referencing the civil docket number of this
action; and it is further

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ORDERED that, pursuant to 28 U.S.C. § 1915(a)(3), any appeal
of this Court’s decision would not be taken in good faith; and it
is further
ORDERED that the Clerk of the Court shall re-close the
Court’s file in this matter by making an appropriate notation on
the docket.
s/Peter G. Sheridan
Peter G. Sheridan
United States District Judge
District of New Jersey
Sitting by Designation
April 29, 2011

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