POWELL v. FEDAK et al

Filing 3

ORDER THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED; PLAINTIFF SHALL PAY THE $350.00 FILING FEE IN INSTALLMENTS. THE CLERK OF COURT IS DIRECTED TO SEND A COPY OF THIS ORDER TO THE SUPERINTENDENT OF SCI GRATERFORD. THE COMPLAINT IS DISMISSED FOR FAILURE TO STATE A CLAIM FOR THE REASONS STATED IN THE COURT'S MEMOREANDUM. THE CLERK OF COURT SHALL CLOSE THIS CASE. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 1/30/14. 1/31/14 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND FAXED TO SUPT. SCI GRATERFORD. (jpd)

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

RAYMOND GASTON POWELL, III

FILED

v.

JAN 3 0 2014
NO. 14-569

DET. MICHAEL P. FEDAK, et al.

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AND NOW, this

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ORDER

day of January, 2014, upon consideration of plaintiffs motion to

proceed informa pauperis and his prose complaint, it is ORDERED that:
I.

Leave to proceed in for ma pauperis is GRANTED.

2.

Plaintiff Raymond Gaston Powell, III, #JX-2600, shall pay the full filing fee of

$350 in installments, pursuant to 28 U.S.C. § l 915(b). Based on the financial information
provided by plaintiff, an initial partial filing fee of $23. 73 is assessed. The Superintendent or
other appropriate official at the State Correctional Institution at Graterford or at any other prison
at which plaintiff may be incarcerated is directed to deduct $23. 73 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. 14-569. 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 Graterford 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. 14-569.

3.

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

of the State Correctional Institution at Graterford.
4.

The complaint is DISMISSED with prejudice for failure to state a claim, pursuant

to 28 U.S.C. § 1915(e)(2)(B)(ii), for the reasons stated in the Court7 s Memorandum.
5.

The Clerk of Court shall CLOSE this case.
BY THE COURT:

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~DUARDO C. ROBRENO, J.