SHAW v. NUTTER et al

Filing 3

ORDER THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED PLFF SHALL PAY THE FULL FILING FEE OF $350 IN INSTALLMENTS, ETC. THE CLERK OF COURT IS DIRECTED TO SEND A COPY OF THIS ORDER TO THE WARDEN OF THE CFCF. THE COMPLAINT IS DISMISSED WITHOUT P REJUDICE, ETC PLFF IS GIVEN LEAVE TO FILE AN AMENDED COMPLAINT WITHIN THIRTY DAYS OF THE DATE OF THIS ORDER, ETC. UPON THE FILING OF AN AMENDED COMPLAINT, THE CLERK SHALL NOT MAKE SERVICE UNTIL SO ORDERED BY THE COURT THE CLERK OF COURT SHALL CLOSE THIS CASE FOR STATISTICAL PURPOSES.. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 8/20/14. 8/21/14 ENTERED AND COPIES MAILED TO PRO SE, LEGAL AND WARDEN OF CFCF.(lvj, )

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

BENJAMIN FRANKLIN SHAW

v.
NO. 14-4755

MR. MICHAEL NUTTER, et al.
ORDER

AND NOW, this 20th day of August, 2014, upon consideration of plaintiffs motion to
proceed in forma pauperis and his prose complaint, it is ORDERED that:

1.

Leave to proceed in forma pauperis is GRANTED.

2.

Plaintiff Benjamin Franklin Shaw, #920736, 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
plaintiff, an initial partial filing fee of $25.81 is assessed. The Warden or other appropriate
official at the Curran-Fromhold Correctional Facility or at any other prison at which plaintiff
may be incarcerated is directed to deduct $25.81 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, 601 Market Street, Room 2609, Philadelphia, PA
19106, to be credited to Civil Action No. 14-4755. After the initial partial filing fee is collected
and until the full filing fee is paid, the Warden or other appropriate official at the CurranFromhold Correctional Facility 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. 14-4755.

3.

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

Curran Fromhold Correctional Facility.
4.

The complaint is DISMISSED without prejudice for failure to state a claim,

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

Plaintiff is given leave to file an amended complaint within thirty (30) days of the

date of this Order. If plaintiff files an amended complaint, he shall name all defendants in the
caption of the amended complaint in addition to the body of the amended complaint. Upon the
filing of an amended complaint, the Clerk shall not make service until so ORDERED by the
Court.
6.

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

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