PITTMAN v. CORBETT et al

Filing 6

ORDER THAT THE MOTION TO REINSTATE IS GRANTED TO THE EXTENT IT ASKS THE COURT TO REOPEN THIS CASE AND TO AMEND THE COMPLAINT. TO THE EXTENT THE MOTION REQUESTS A STAY, THAT REQUEST IS LEFT TO THE DISCRETION OF THE MIDDLE DIST. OF PA. LEAVE TO PROCE ED IN FORMA PAUPERIS IS GRANTED. THE CLERK OF COURT IS DIRECTED TO SEND A COPY OF THIS ORDER TO THE SUPERINTENDENT OF SCI-DALLAS. GOVERNOR TOM CORBETT IS DISMISSED AS A PARTY TO THIS CASE. THE CLERK OF COURT IS DIRECTED TO TRANSFER THIS CASE TO TH E U.S. DIST. COURT FOR THE MIDDLE DIST. OF PA. THE CLERK OF COURT FOR THE EASTERN DIST. OF PA SHALL NOT ISSUE SUMMONSES AT THIS TIME.. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 2/27/14. 2/27/14 ENTERED AND COPIES MAILED TO PRO SE PLFF., UNREP PARTIES AND SUPERINTENDENT OF SCI-DALLAS.(pr, )

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

GABRIEL PITTMAN

....

.
,

CIVIL ACTION

v.
NO. 14-231

GOVERNOR TOM CORBETT, et al.
r ..
.

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ORDER
AND NOW, this

day of February, 2014, upon consideration of plaintiff's motion to

proceed in Jorma pauperis, his motion to reinstate, and his pro se amended complaint, it is
ORDERED that:
1.

The motion to reinstate is GRANTED to the extent it asks the Court to reopen this

case and to amend the complaint. To the extent the motion requests a stay, that request is left to
the discretion of the Middle District of Pennsylvania.
2.

Leave to proceed inJormapauperis is GRANTED.

3.

Plaintiff Raymond Gabriel Pittman, #DT-1470, shall pay the full filing fee of

$350 in installments, pursuant to 28 U.S.C. § 19l5(b). Based on the financial information
provided by plaintiff, an initial partial filing fee of$39.48 is assessed. The Superintendent or
other appropriate official at the State Correctional Institution at Dallas or at any other prison at
which plaintiff may be incarcerated is directed to deduct $39.48 from plaintiffs 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 U.S. Courthouse, 601
Market Street, Philadelphia, PA 19106, to be credited to Civil Action No. 14-231. 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 other prison at which

plaintiff may be incarcerated, shall deduct from plaintiffs account, each time that plaintiffs
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. 14-231.
4.

The Clerk of Court is directed to send a copy of this order to the Superintendent

of the State Correctional Institution at Dallas.
5.

Plaintiffs claims related to the alleged invalidity of his judgment of conviction

and related confinement, and his claims based on the inadequacy of the prison grievance system
are DISMISSED with prejudice for the reasons stated in the Court's Memorandum.
6.

Governor Tom Corbett is DISMISSED as a party to this case. To the extent the

former governors and officials and employees of Lehigh County identified in the body of the
amended complaint can be considered defendants in this case, they are also DISMISSED as
parties to this case.
7.

The Clerk of Court is directed to TRANSFER the above-captioned case to the

United States District Court for the Middle District of Pennsylvania.
8.

The Clerk of Court for the Eastern District of Pennsylvania shall not issue

summonses at this time.

BY THE COURT:

~H~J.