MCINTOSH v. BENISH et al

Filing 5

ORDER THAT PLFF'S APPLICATION FOR LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED. PLFF SHALL PAY THE FULL FILING FEE, ETC; PLFF'S COMPLAINT IS DISMISSED. THE CLERK OF COURT IS DIRECTED TO SEND A COPY OF THIS ORDER TO THE WARDEN OF THE FEDERAL CORRECITONAL INSTITUTION IN FAIRTON; AND THIS CASE SHALL BE MARKED CLOSED.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 2/28/12. 2/29/12 ENTERED AND COPIES MAILED TO PRO SE AND WARDEN.(lvj, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JAMES MCINTOSH,
Plaintiff,

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v.
MARIA BENISH, et al.,
Defendants.

Civ. No. 11-7165

ORDER
AND NOW, this 28th day of February, 2012, for the reasons stated in the accompanying
Decision, it is hereby ORDERED as follows:
1. Plaintiff’s Application for Leave to Proceed In Forma Pauperis (Doc. No. 1) is
GRANTED.
2. Plaintiff, James McIntosh, #50931-066, shall pay the full filing fee of $350 pursuant to
28 U.S.C. § 1915(b). Based on Plaintiff’s financial statement, an initial partial filing fee
of $10.13 is assessed.

The Warden or other appropriate official at the Federal

Correctional Institution in Fairton, where Plaintiff is presently confined, or at any other
correctional facility at which Plaintiff may be confined, is directed to deduct $10.13 from
Plaintiff’s prisoner account, when such funds become available, and forward that amount
to the Clerk of the United States District Court for the Eastern District of Pennsylvania,
2609 U.S. Courthouse, Philadelphia, PA 19106, to be credited to Civil Action No. 117165. Thereafter, until the full filing fee is paid, the Warden or other appropriate official
at the Federal Correctional Institution in Fairton, or at any prison at which Plaintiff may
be confined, shall deduct from Plaintiff’s account, each time that Plaintiff’s prisoner

account exceeds $10, an amount no greater than 20 percent of the money credited to his
account during the preceding month and forward that amount to the Clerk of Court at the
address provided above to be credited to Civil Action No. 11-7165;
3. Plaintiff’s Complaint is DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(i);
4. The Clerk of Court is directed to send a copy of this Order to the Warden of the Federal
Correctional Institution in Fairton; and
5. This case shall be marked CLOSED.

AND IT IS SO ORDERED.

/s/ Paul S. Diamond
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Paul S. Diamond, J.

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