WHITMORE v. COMMONWEALTH OF PENNSYLVANIA et al

Filing 3

ORDER THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED. THE CLERK OF COURT IS DIRECTED TO SEND A COPY OF THIS ORDER TO THE WARDEN OF THE PHILADELPHIA INDUSTRIAL CORRECTIONAL CENTER. THE COMPLAINT IS DISMISSED WITH PREJUDICE. THE CLERK OF COURT SHALL CLOSE THIS CASE.. SIGNED BY HONORABLE L. FELIPE RESTREPO ON 12/10/14. 12/11/14 ENTERED AND COPIES MAILED TO PRO SE PLFF., WARDEN-PICC, 1 COPY TO LEGAL BIN. (pr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MARICE WHITMORE

.

CIVIL ACTION

DEC 1 0 2014

v.

MICHAELE. KUNz,:clerk

COMMONWEALTH OF PENNsYr,~DeP,.Clerk
PHILADELPHIA PRISON SYSTEM
- .

NO. 14-6911

ORDER
AND NOW, this

lO~ay of December, 2014, upon consideration of plaintiffs motion to

proceed informa pauperis and his prose complaint, it is ORDERED that:
1.

Leave to proceed in forma pauper.is is GRANTED.

2.

Plaintiff Maurice Whitmore, #949902, 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 $22.92 is assessed. The Warden or other appropriate
official at the Philadelphia Industrial Correctional Center or at any other prison at which plaintiff
may be incarcerated is directed to deduct $22.92 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. 14-6911. After the initial partial filing fee is collected
and until the full filing fee is paid, the Warden or other appropriate official at the Philadelphia
Industrial Correctional Center 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 Cierk of Court at the address provided above to be
credited to Civil Action No. 14-6911.

3.

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

Philadelphia Industrial Correctional Cente.r.
4.

The complaint is DISMISSED with prejudice as legally frivolous and for failure

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

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