OLIVER v. PHILADELPHIA et al
MEMORANDUM AND ORDER THAT THE PETITION IS DENIED WITHOUT PREJUDICE TO ITS REASSERTION IN ACCORDANCE WITH THE TERMS OF THIS ORDER; IF PLFF FILES WITH THE COURT WIHTIN TWENTY DAYS FROM THE DATE OF THIS ORDER A NOTICE THAT HE WISHES TO PROCEED WITH THI S ACTION AND THEREBY OBLIGATE HIMSELF TO PAY THE $350 FILING FEE, THIS ACTION WILL BE REINSTATED; AND THE CLERK OF COURT SHALL CLOSE THIS CASE STATISTICALLY.. SIGNED BY HONORABLE WILLIAM H. YOHN, JR ON 11/20/12. 11/21/12 ENTERED AND COPIES MAILED TO PRO SE.(lvj, ) Modified on 11/21/2012 (lvj, ).
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CHARLES EDWARD OLIVER
PHILADELPHIA, UNDER COLOR
OF STATE LAW, et al.
M E M0 R A N D U M A N D
0 R D E R
Plaintiff, a prisoner at SCI Mahanoy, seeks to bring a
civil action in forma pauperis, 1 without prepayment of fees or
security therefor, asserting claims pursuant to 42 U.S.C.
The Prison Litigation Reform Act of 1995, Pub. L. No. 104-134,
110 Stat. 1321 (April 26, 1996)
(the "Act"), which amends 28
1915, establishes certain financial requirements for
prisoners who are attempting to bring a civil action or file an
appeal in forma pauperis.
Under the Act, a prisoner bringing a civil action in
forma pauperis must pay the full amount of the $350 ·filing fee.
The prisoner must submit a certified
copy of his inmate trust fund account statement for the 6-month
period immediately preceding the filing of his complaint so the
Court can determine how the $350 filing fee will be paid.
The prisoner must obtain this statement
from the appropriate official of each prison at which he was or
The Court must then "assess [the prisoner's
financial status] and, when funds exist, collect, as a partial
payment of any court fees required by law, an initial partial
Suits brought in forma pauperis are governed by 28
filing fee of 20 percent of the greater of--
(A) the average
monthly deposits to the prisoner's account; or (B) the average
monthly balance in the prisoner's account for the 6-month period
immediately preceding the filing of the complaint
Based upon plaintiff's financial information, an
initial partial filing fee of $1.70 is assessed.
Superintendent or other appropriate official at SCI Mahanoy, or
at any prison at which plaintiff may be confined, will be
directed to deduct $1.70 from plaintiff's inmate account, when
such funds become available, and forward that amount to the Clerk
of the United States District Court for the Eastern District of
Thereafter, each time that the balance in
plaintiff's inmate account exceeds $10, an amount no greater than
20 percent of the money credited to plaintiff's account during
the preceding month will be deducted and forwarded to the Clerk
of Court until the filing fee is paid.
Plaintiff may not have
known when he brought this action that he must pay the filing
fee, and that even if the full filing fee, or any part of it, has
been paid, the Court must dismiss the case if it finds that the
(1) frivolous or malicious;
(2) fails to state a claim
upon which relief may be granted; or (3) seeks monetary relief
against a defendant who is immune from such relief.
1915(e) (2) (B).
If the Court dismisses the case for any of these
reasons, the Act does not permit the prisoner to get his filing
We shall give plaintiff twenty (20) days from the date
of this order to decide whether he wants to proceed with this
If by that time, plaintiff decides not to proceed with the
case, he need not pay the $350 filing fee.
For the foregoing reasons, it is, this
of November, 2012, hereby ORDERED that:
The petition is DENIED WITHOUT PREJUDICE to its
reassertion in accordance with the terms of this order;
If plaintiff files with the Court within twenty
(20) days from the date of this order a notice that he wishes to
proceed with this action and thereby obligate himself to pay the
$350 filing fee, this action will be reinstated; and
The Clerk of Court shall CLOSE this case
BY THE COURT:
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