GAUCE v. PA ST. DEPT. OF CORRECTIONS et al

Filing 6

ORDER/OPINION THAT THE APPLICATION FOR PRISONERS TO PROCEED IN DISTRICT COURT WITHOUT PAYING FEES OR COSTS IS GRANTED AND THE PLAINTIFF HAS LEAVE TO PROCEED IN FORMA PAUPERIS. THE PLAINTIFF SHALL PAY THE FULL FILING FEE OF $350.00 IN INSTALLMEN TS, PURSUANT TO 28 U.S.C. 1915(b). BASED ON THE FINANCIAL INFORMATION PROVIDED BY THE PLAINTIFF, AN INITIAL PARTIAL FILING FEE OF $56.79 IS ASSESSED, ETC. THE CLERK OF COURT IS DIRECTED TO SEND A COPY OF THIS ORDER TO THE SUPERINTENDENT OF THE STATE CORRECTIONAL INSTITUTION AT DALLAS. THE COMPLAINT IS DISMISSED AS LEGALLY FRIVOLOUS UNDER 28 U.S.C. 1915(e)(2)(B)(i)FOR THE REASONS STATED IN THE COURT'S MEMORANDUM OPINION; AND THE CLERK OF COURT SHALL CLOSE THIS CASE. SIGNED BY HONORABLE EDWARD G. SMITH ON 7/14/14. 7/15/14 ENTERED AND COPIES MAILED TO PRO SE', WARDEN AND LEGAL.(ky, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JOEL GAUCE,
Plaintiff,
v.
PA. ST. DEPT. OF CORRECTIONS,
SCI-ADMINISTRATION, DEPUTY
SUPERINTENDENT JEROME WALSH,
PA. BD. OF PROBATION AND PAROLE,
Defendants.

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CIVIL ACTION NO. 14-2527

ORDER
AND NOW, this 14th day of July, 2014, after considering the Application for Prisoners
to Proceed in District Court Without Paying Fees or Costs (Doc. No. 1) filed by the plaintiff pro
se, Joel Gauche,1 and after considering his pro se Complaint (Doc. No. 1-1), it is hereby
ORDERED as follows:
1.

The Application for Prisoners to Proceed in District Court Without Paying Fees or

Costs is GRANTED and the plaintiff has leave to proceed in forma pauperis;
2.

The plaintiff shall pay the full filing fee of $350 in installments, pursuant to 28

U.S.C. § 1915(b). Based on the financial information provided by the plaintiff, an initial partial
filing fee of $56.79 is assessed. The Superintendent or other appropriate official at the State
Correctional Institution at Dallas or at any other prison at which the plaintiff may be incarcerated
is directed to deduct $56.79 from the plaintiff’s 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, 601 Market Street, Room 2609, Philadelphia, PA 19106, to
1

As indicated in the Court’s Memorandum Opinion, the plaintiff signs his name as “Joel Gauche” and his prison
account statement shows a similar name. Therefore, despite the spelling on the caption, the Court refers to the
plaintiff as “Joel Gauche”.

be credited to Civil Action No. 14-2527. 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 the plaintiff may be incarcerated, shall deduct
from the plaintiff’s account, each time that the plaintiff’s 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. 14-2527;
3.

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

of the State Correctional Institution at Dallas;
4.

The Complaint is DISMISSED as legally frivolous, under 28 U.S.C. §

1915(e)(2)(B)(i), for the reasons stated in the Court’s Memorandum Opinion; and
5.

The Clerk of Court shall CLOSE this case.

BY THE COURT:

/s/ Edward G. Smith
EDWARD G. SMITH, J.

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