ALLEN v. COMMONWEALTH OF PENNSYLVANIA COMMON PLEAS et al

Filing 5

MEMORANDUM/ORDER THAT PLAINTIFF'S APPLICATION TO PROCEED IN FORMA PAUPERIS IS GRANTED. IT IS FURTHER ORDERED THAT PLAINTIFF DAVID ERIC ALLEN, #HK-2698, SHALL PAY IN INSTALLMENTS THE FULL FILING FEE OF $350.00. BASED ON THE FINANCIAL INFOR MATION PROVIDED BY PLAINTIFF, AN INITIAL PARTIAL FILING FEE OF $19.08 IS ASSESSED. IT IS FURTHER ORDERED THAT PLAINTIFF'S CIVL RIGHTS COMPLAINT FILED MAY 15, 2012 IS DISMISSED. IT IS FURTHER ORDERED THAT PLAINTIFF'S CIVIL RIGHTS COMP LAINT FILED JUNE 5, 2012 IS DISMISSED, AND THAT THE CLERK OF COURT IS DIRECTED TO SEND A COPY OF THIS ORDER TO THE SUPERINTENDENT OF THE STATE CORRECTIONAL INSTITUTION AT DALLAS, PA, AND THAT THIS CASE SHALL REMAIN CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 7/30/12. 8/7/12 ENTERED AND COPIES MAILED TO PRO SE' AND SUPERINTENDENT OF DALLAS. ( ky, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DAVID ERIC ALLEN,
Plaintiff
v.
COMMONWEALTH OF PENNSYLVANIA;
A.D.A. MR. GENOVESE;
PUBLIC DEFENDER ASSOCIATION;
MR. MICHEAL JOHN, ESQUIRE;
CHIEF OFFICE OF CLERK OF COURT;
MR. RICHARD WINTER; and
COURT OF MONTGOMERY COUNTY,
Defendants

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Civil Action
NO. 12-cv-02649

O R D E R
NOW, this 30th day of July, 2012, upon consideration
of the following documents:
(1)

Application to Proceed In Forma Pauperis
filed by plaintiff pro se on May 15, 2012;

(2)

Form to be Used by a Prisoner in Filing a
Civil Rights Complaint filed May 15, 2012;
and

(3)

Form to be Used by a Prisoner in Filing a
Civil Rights Complaint filed June 5, 2012;

and for the reasons expressed in the accompanying Opinion,
IT IS ORDERED that plaintiff’s Application to Proceed
In Forma Pauperis is granted.
IT IS FURTHER ORDERED that plaintiff David Eric Allen,
#HK-2698, shall pay in installments the full filing fee of $350.
Based on the financial information provided by plaintiff, an
initial partial filing fee of $19.08 is assessed.

The

Superintendent or other appropriate official at the State

Correctional Institution at Dallas, Pennsylvania, or at any other
prison at which plaintiff may be incarcerated, is directed to
deduct $19.08 from plaintiff's inmate trust fund 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 United States Courthouse, Philadelphia,
Pennsylvania 19106, to be credited to Civil Action No. 12-cv02649.

After the initial partial filing fee is collected and

until the full filing fee is paid, the Superintendent or other
appropriate official at the State Correctional Institution at
Dallas, or at any prison at which plaintiff may be incarcerated,
shall deduct from plaintiff's account, each time that plaintiff's
inmate trust fund 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. 12cv-02649.
IT IS FURTHER ORDERED that plaintiff’s civil rights
complaint filed May 15, 2012 is dismissed.
IT IS FURTHER ORDERED that plaintiff’s civil rights
complaint filed June 5, 2012 is dismissed.
IT IS FURTHER ORDERED that the Clerk of Court is
directed to send a copy of this Order to the Superintendent of
the State Correctional Institution at Dallas, Pennsylvania.

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IT IS FURTHER ORDERED that this case shall remain
closed for statistical purposes.

BY THE COURT:
/s/ James Knoll Gardner
James Knoll Gardner
United States District Judge

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