BUTLER v. DISTRICT ATTORNEYS OFFICE OF PHILADELPHIA et al

Filing 5

ORDER THAT: LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED; PLFF SHALL PAY THE FULL FILING FEE OF $350 PURSUANT TO 28 U.S.C. SEC. 1915(b). THE CLERK OF COURT IS DIRECTED TO SEND A COPY OF THIS ORDER TO THE SUPERINTENDENT OF THE STATE CORRECTIONAL INSTITUTION AT MERCER; PLFF'S CLAIMS AGAINST ALL DEFTS EXCEPT FOR THE CITY OF PHILADELPHIA, AS WELL AS HIS CLAIMS FOR INJUNCTIVE RELIEF, ARE DISMISSED; ALL FURTHER PROCEEDINGS ON PLFF'S REMAINING CLAIMS ARE STAYED UNTIL PLFF INFORMS THE CO URT THAT HIS CRIMINAL CASES HAVE BEEN RESOLVED; AND THE CLERK OF COURT SHALL TRANSFER THIS CASE TO THE CIVIL SUSPENSE FILE AND MARK THE CASE CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 2/14/12. 2/14/12 ENTERED AND COPIES MAILED TO PRO SE.(fb)

IN THE 'UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLv.ANIA

CIVIL ACTION

CALVIN BUTLER

v.
DISTRICT ATTORNEYS OFFICE OF
PHILADELPHIA, at a1.

o
AND NOW, this

If

NO. 11-7891

R D E R

day of February, 2012, upon

consideration of plaintiff's complaint and his motion to proceed
in forma pauperis, IT IS ORDERED that:
1.

Leave to proceed in forma pauperis is GRANTED;

2.

Plaintiff, Calvin Butler, #DP0149, 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 $20.50 is assessed.

The Superintendent or other

appropriate official at the State Correctional Institution at
Mercer, where plaintiff is presently confined, or at any other
correctional facility at which plaintiff may be confined, is
directed to deduct $20.50 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. 11-7891.

Thereafter, until the full

filing fee is paid, the Superintendent or other appropriate
official at the State Correctional Institution at Mercer 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. 11-7891;
3.

The Clerk of Court is directed to send a copy of

this Order to the Superintendent of the State Correctional
Institution at Mercer;
4.

Plaintiff's claims against all defendants except

for the City of Philadelphia, as well as his claims for
injunctive relief, are DISMISSED;
S.

All further proceedings on Plaintiff's remaining

claims are STAYED until plaintiff informs the Court that his
criminal cases have been resolved, including any available
appellate or collateral proceedings; and
6.

The Clerk of Court shall TRANSFER this case to the

civil suspense file and mark the case CLOSED for statistical
purposes.
BY '1'D COU'R'1':

TBOIaS N. 0' BILL, JR. J.