CHESTNUT v. CARPENTER

Filing 3

ORDER THAT PLAINTIFF MUST INFORM THE COURT WITHIN TWENTY (20) DAYS IF HE WISHES TO PROCEED WITH THIS ACTION AND THEREBY OBLIGATE HIMSELF TO PAY THE $350 FILING FEE; AND THIS CASE SHALL BE CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE ROBERT F. KELLY ON 4/10/14. 4/10/14 ENTERED AND COPIES MAILED TO THE PLAINTIFF.(jaa, )

IN ~Mk UNITED STATES.DISTRICT COURT
FOR THE EAST~ t1£:'fj)CT OF PENNSYLVANIA
MICHAEL A. CHESTNUT

APR l 0 2014 ;

CIVIL ACTION

v.

MICHAELE. KUNZ, Cleik
HONORABLE JUDGE L;cNDA ~NTEROep. Clqrk
\

M E M 0 RA N D

!

•

NO. 14-2054

,·~ ....... ¥·~·

U M:''A N D

0 R D E R

Plaintiff, a prisoner at SCI Greene, 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. § 1983.
The Prison Litigation Reform Act of 1995, Pub. L. No. 104-134,
110 Stat. 1321 (April 26, 1996)
U.S.C.

§

(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.
28 U.S.C. § 1915(b) (1).

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.
U.S.C. § 1915(a) (2).

28

The prisoner must obtain this statement

from the appropriate official of each prison at which he was or
is confined.

Id.

The Court must then "assess [the prisoner's

financial status] and, when funds exist, collect, as a partial

1

§

1915.

Suits brought in forma pauperis are governed by 28 U.S.C.

payment of any court fees required by law, an initial partial
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 $6.30 is assessed.

The

Superintendent or other appropriate official at SCI Greene, or at
any prison at which plaintiff may be confined, will be directed
to deduct $6.30 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
Pennsylvania.

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 action is:
malicious;

(2)

(1) frivolous or

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.

28 U.S.C. § 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 fee back. 2
The Court shall give plaintiff twenty (20) days from
the date of this order to decide whether he wants to proceed with
this case.
Accordingly, it is, this

/~~

day of April 2014,

hereby ORDERED that:
1.

Plaintiff must inform the Court within twenty (20)

days if he wishes to proceed with this action and thereby
obligate himself to pay the $350 filing fee; and
2.

This case shall be CLOSED for statistical

purposes.

BY THE COURT:

2

In deciding whether to proceed with this action,
plaintiff should note that his request for a new trial to show
his innocence is not a form of relief that is available in a
action brought under 42 U.S.C. § 1983.
See Preiser v. Rodriguez,
411 U.S. 475 (1973).