MOLINA v. HUNTER et al

Filing 3

ORDER THAT THE MOTION TO PROCEED IN FORMA PAUPERIS IS GRANTED. PLAINTIFF SHALL PAY THE FULL FILING FEE OF $350.00. THE COMPLAINT IS DISMISSED FOR REASONS DISCUSSED IN THE COURT'S MEMORANDUM. THE CLERK OF COURT SHALL SEND A COPY OF THIS ORDER TO THE SUPERINTENDENT OF SCI FOREST. THE CLERK OF COURT SHALL CLOSE THIS CASE. SIGNED BY HONORABLE C. DARNELL JONES, II ON 5/13/13. 5/13/13 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND FAXED TO SUPERINTENDENT OF SCI FOREST. (jpd)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CIVIL ACTION

MIGUEL MOLINA
v.

NO. 13-2497

WILLIAM HUNTER, et al.

AND NOW, this

/J

0 R DE R

It--day of May, 2013, upon
eris

consideration of plaintiff's motion to proceed in forma
and his pro

SE~

complaint, IT IS ORDERED that:

1.

The motion to proceed in forma pauperis is

2.

Plaintiff, Miguel Molina, #EX-9912, shall

GRANTED.

pay in instal:.ments the full filing fee of $350.

Based o', the

financial information provided by plaintiff, an initial
filing fee of $21.36 is assessed.

pa~tial

The Superintendent or

~~her

appropriate official at the State Correctional Institutiob at
Forest or at any other prison at which plaintiff may be
incarcerated :.s directed to deduct $21.36 from his inmate trust
fund account, when such funds become available, and forwar:d that
amount to the Clerk of the United States District Court fo:r the
Eastern District of Pennsylvania, 2609 U.S. Courthouse,
Philadelphia, PA 19106, to be credited to Civil Action No. 132497.

After the initial partial filing fee is collected and

until the full filing fee is paid, the Superintendent or olther
appropriate official at the State Correctional Instituti n at
Forest or at any prison at which plaintiff may be incarcJJnated,
shall deduct from plaintiff account, each time that his 'nmate
trust fund account exceeds $10, an amount no greater tha

20

percent of the money credited to his account during the pJeceding
month and fonv'ard that amount to the Clerk of Court at the
address provided above to be credited to Civil Action No. 132497.

3.

The complaint is DISMISSED pursuant to 28 U.S.C.

§

1915(e) (2) (B) :ii), for the reasons discussed in the Courtfs
Memorandum.

Plaintiff's malicious prosecution claims related to

the criminal proceedings that are still pending in state fourt
are dismissed without prejudice to his ability to reassert those
claims in the event the proceedings terminate in his favor.

All

remaining cla:.ms are dismissed with prejudice.
4.

The Clerk of Court is directed to send a aopy of

this order to the Superintendent of the State Correction l
Institution at Forest.
5.

The Clerk of Court shall CLOSE this case.