AZILLE v. COMMONWEALTH OF PENNSYLVANIA et al

Filing 7

ORDER THAT LEAVE TO PROCEED IN FORMA PAUPIERIS IS GRANTED. PETITIONER SHALL PAY THE $350.00 FILING FEE. PETITIONER'S CLAIMS AGAINST DAVID CROSS, ESQ., AND THE PHILADELPHIA COMMON PLEAS COURT TRIAL DIVISION ARE DISMISSED. THE AMENDED COMPLAI NT IS TO BE FILED AGAINST THE REMAINING DEFENDANTS, THE SUMMONSES ARE TO ISSUE AND SERVICE OF THE SUMMONS AND COMPLAINT IS TO BE MADE UPON THE DEFENDANTS BY THE U.S. MARSHAL SERVICE. THE CLERK OF COURT IS DIRECTED TO SEND A COPY OF THIS ORDER TO THE WARDEN OF PHILADELPHIA DETENTION CENTER. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 3/27/14. 3/27/14 ENTERED AND COPIES MAILED LTO PRO SE PETITIONER AND FAXED TO WARDEN PHILADELPHIA DETENTION CENTER. (jpd)

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

PETER FITZROY THOMAS AZILLE
v.

PHILADELPHIA COMMON PLEAS
COURT-TRIAL DIVISION, et al.

NO. 13-5448
ORDER

AND NOW, this

"2... 7 /:£

day of March 2014, having considered

plaintiff's amended complaint (Document No. 4) and motion to
proceed in forma pauperis, it is hereby ORDERED that:
1.

Plaintiff's motion to proceed in forma oauperis is

hereby GRANTED.
2.

Plaintiff, Peter Azille, #1138093, shall pay the filing

fee of $350 pursuant to 28 U.S.C. § 1915(b).

Based on

plaintiff's financial statement, an initial partial filing fee of
$2.90 is assessed.

The Warden or other appropriate official at

the Philadelphia Detention Center, where plaintiff is presently
confined, or at any other correctional facility at which
plaintiff may be confined, is directed to deduct $2.90 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. 13-5448.

Thereafter, until the full filing fee is

paid, the Warden or other appropriate official at the
Philadelphia Detention Center 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. 13-5448.
3.

Plaintiff's claims against David Cross, Esq. and the

Philadelphia Common Pleas Court-Trial Division are DISMISSED
pursuant to 28 U.S.C.
4.

§

1915(e).

The amended complaint is to be filed against the

remaining defendants, the summonses are to issue, service of the
summons and complaint is to be made upon the defendants by the
U.S. Marshals Service.
5.

All original pleadings and other papers submitted for

consideration to the Court in this case are to be filed with the
Clerk of this Court.

Copies of papers filed in this Court are to

be served upon counsel for all other parties (or directly on any
party acting pro se).

Service may be by mail.

Proof that

service has been made is provided by a certificate of service.
This certificate should be filed in the case along with the
original papers and should show the day and manner of service.
An example of a certificate of service by mail follows:
"I,

(name)

, do hereby certify

that a true and correct copy of the
foregoing (name of pleading or other
paper) has been served upon (name(s)
of person(s) served) by placing the same
in the U.S. Mail, properly addressed,
this (date) day of

(month)

(year).

(Signature)"

If any pleading or other paper submitted for filing does not
include a certificate of service upon the opposing party or
counsel for opposing party, it may be disregarded by the Court.
6.

Any request for court action shall be set forth in a

motion, properly filed and served.

The parties shall file all

motions, including proof of service upon opposing parties, with
the Clerk of Court.

The Federal Rules of Civil Procedure and

local rules are to be followed.

Plaintiff is specifically

directed to comply with Local Civil Rule 7.1 and serve and file a
proper response to all motions within fourteen (14) days.
Failure to do so may result in dismissal of this action.
7.

Plaintiff is specifically directed to comply with Local

Rule 26.l(f) which provides that "[n]o motion or other
application pursuant to the Federal Rules of Civil Procedure
governing discovery or pursuant to this rule shall be made unless
it contains a certification of counsel that the parties, after
reasonable effort, are unable to resolve the dispute."

Plaintiff

shall attempt to resolve any discovery disputes by contacting
defendant's counsel directly by telephone or through
correspondence.
8.

No direct communication is to take place with the

District Judge or United States Magistrate Judge with regard to
this case.

All relevant information and papers are to be

directed to the Clerk of Court.
9.

In the event a summons is returned unexecuted, it is

plaintiff's responsibility to ask the Clerk of the Court to issue

an alias summons and to provide the Clerk of Court with the
defendant's correct address, so that service can be made.
10.

The parties should notify the Clerk of Court's Office

when there is an address change.

Failure to do so could result

in court orders or other information not being timely delivered,
which could affect the parties' legal rights.
11.

The Clerk of Court is directed to send a copy of this

order to the Warden of the Philadelphia Detention Center.
BY THE COURT:

~-~J.