WILSON v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF CORRECTIONS et al

Filing 4

ORDERED AS FOLLOWS: 1. THE IFP MOTION IS GRANTED AND THE PLAINTIFF HAS LEAVE TO PROCEED IN FORMA PAUPERIS; 2. THE PLAINTIFF, GARY WILSON, #BE-9008, SHAL PAY THE FILL FILING FEE OF $350 IN INSTALLMENTS, UNDER 28 U.S.C. SECTION 1915(b), ETC. 3. TH E CLERK OF COURT IS DIRECTED TO SEND A COPY OF THIS ORDER TO THE SUPERINTENDENT OF SCI HOUTZDALE; 4. THE COMPLAINT IS DISMISSED WITH PREJUDICE AS LEGALLY FRIVOLOUS UNDER 28 U.S.C. SECTION 1915(e)(2)(B)(i) FOR THE REASONS SET FORTH IN THE COURT'S MEMORANDUM OPINION; AND 5. THE CLERK OF COURT SHALL CLOSE THIS CASE. SIGNED BY HONORABLE EDWARD G. SMITH ON 10/31/2014. 10/31/2014 ENTERED AND COPIES MAILED TO PLAINTIFF AND SUPERINTENDENT. (lbs, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
GARY WILSON,
Plaintiff,
v.

COMMONWEALTH OF
PENNSYLVANIA DEPARTMENT OF
CORRECTIONS, PENNSYLVANIA
BOARD OF PROBATION AND PAROLE,
SANDRA K. KNEEDLER, MINDY LOU
GRANDLUND, and R.M. LAWLER,
Defendants.

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CIVIL ACTION NO. 14-5563

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ORDER
AND NOW, this 31st day of October, 2014, after considering the “Application for
Prisoners to Proceed in District Court Without Prepaying Fees or Costs” (the “IFP Motion”) and
the complaint filed by the plaintiff pro se, Gary Wilson, it is hereby ORDERED as follows:
1.

The IFP Motion is GRANTED and the plaintiff has leave to proceed in forma

pauperis;
2.

The plaintiff, Gary Wilson, #BE-9008, shall pay the full filing fee of $350 in

installments, under 28 U.S.C. § 1915(b). Based on the financial information provided by the
plaintiff, an initial partial filing fee of $63.62 is assessed.

The superintendent or other

appropriate official at the State Correctional Institution at Houtzdale (“SCI Houtzdale”) or at any
other prison at which the plaintiff may be incarcerated is directed to deduct $63.62 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 be credited to Civil Action No. 14-

5563. After the initial partial filing fee is collected and until the full filing fee is paid, the
superintendent or other appropriate official at the SCI Houtzdale 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 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. 14-5563;
3.

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

SCI Houtzdale;
4.

The complaint is DISMISSED with prejudice as legally frivolous under 28

U.S.C. § 1915(e)(2)(B)(i) for the reasons set forth 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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