RAMEY v. GEORGE W. HILL CORRECTIONAL FACILITY et al
ORDER THE APPLICATION TO PROCEED IN FORMA PAUPERIS (DOC. NO. 1) IS GRANTED. THE PLAINTIFF, ROBERT MARQUIS RAMEY, #HZ-7999, SHALL PAY THE FULL FILING FEE OF $350 IN INSTALLMENTS AS REQUIRED BY 28 U.S.C. § 1915(B). BASED ON THE FINANCI AL INFORMATION PROVIDED BY THE PLAINTIFF, HE IS ASSESSED AN INITIAL PARTIAL FILING FEE OF $19.22. THE SUPERINTENDENT OR OTHER APPROPRIATE OFFICIAL AT THE STATE CORRECTIONAL INSTITUTION AT GRATERFORD OR AT ANY OTHER PRISON AT WHICH THE PLAINTI FF MAY BE INCARCERATED IS DIRECTED TO DEDUCT $19.22 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 PE NNSYLVANIA, 601 MARKET STREET, ROOM 2609, PHILADELPHIA, PENNSYLVANIA 19106, TO BE CREDITED TO CIVIL ACTION NO. 15-1461, ETC. THE CLERK OF COURT IS DIRECTED TO SEND A COPY OF THIS ORDER TO THE SUPERINTENDENT OF THE STATE CORRECTIONAL INSTITUTION AT GRATERFORD. THE COMPLAINT IS DISMISSED FOR THE FAILURE TO STATE A CLAIM, PURSUANT TO 28 U.S.C. § 1915(E)(2)(B)(II) AS FOLLOWS: A. THE CLAIMS AGAINST THE GEORGE W. HILL CORRECTIONAL FACILITY ARE DISMISSED WITH PREJUDICE; B. THE CLAIMS FOR INJUNCTIVE RELIEF ARE DISMISSED WITH PREJUDICE AS MOOT; C. THE CLAIMS AGAINST THE DEFENDANTS BASED UPON AN ALLEGED FAILURE TO HAVE A LADDER FOR THE PLAINTIFF'S BUNK BED ARE DISMISSED WITH PREJUDICE; AND D. THE CLAIMS AGAINST COMMUNITY EDUCATIO N CENTER ("CEC"), JOHN A. REILLY, JR., DONNA MELLOW, DR. RONALD PHILLIPS, "N. SMITH," AND "E. ASANTE" ARE DISMISSED WITHOUT PREJUDICE WITH LEAVE TO FILE AN AMENDED COMPLAINT IN ACCORDANCE WITH PARAGRAPH 5 OF THIS ORDER.T HE PLAINTIFF HAS LEAVE TO FILE AN AMENDED COMPLAINT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER. IF THE PLAINTIFF FILES AN AMENDED COMPLAINT, HE SHALL NAME ALL DEFENDANTS IN THE CAPTION OF THE AMENDED COMPLAINT AND IN THE BODY OF THE AMENDED CO MPLAINT. UPON THE FILING OF AN AMENDED COMPLAINT, THE CLERK OF COURT SHALL NOT ISSUE SUMMONS OR MAKE SERVICE UNTIL SO ORDERED BY THE COURT. IF THE PLAINTIFF FAILS TO FILE AN AMENDED COMPLAINT IN ACCORDANCE WITH THIS ORDER, THE COURT WILL DISMISS WITH PREJUDICE HIS CLAIMS WITHOUT FURTHER NOTICE TO THE PARTIES; AND THE CLERK OF COURT SHALL CLOSE THIS CASE FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE EDWARD G. SMITH ON 4/29/15. 4/29/15 ENTERED AND COPIES MAILED TO PLAINTIFF, MAILED TO WARDEN OF GRATERFORD. (er, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ROBERT MARQUIS RAMEY,
GEORGE W. HILL CORRECTIONAL
FACILITY, COMMUNITY EDUCATION
CENTER (CEC), JOHN A. REILLY, JR.
(Superintendent), DONNA MELLOW
(Asst. Superintendent), DR. RONALD
PHILLIPS (Medical Director), N. SMITH
(Health Service Administrator), E. ASANTE
CIVIL ACTION NO. 15-1461
AND NOW, this 29th day of April, 2015, after considering the application for prisoners
to proceed in district court without prepaying fees or costs and the complaint filed by the pro se
plaintiff, Robert Marquis Ramey (Doc. No. 1), and for the reasons set forth in the accompanying
memorandum opinion, it is hereby ORDERED as follows:
The application to proceed in forma pauperis (Doc. No. 1) is GRANTED;
The plaintiff, Robert Marquis Ramey, #HZ-7999, shall pay the full filing fee of
$350 in installments as required by 28 U.S.C. § 1915(b). Based on the financial information
provided by the plaintiff, he is assessed an initial partial filing fee of $19.22. The superintendent
or other appropriate official at the State Correctional Institution at Graterford or at any other
prison at which the plaintiff may be incarcerated is directed to deduct $19.22 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, Pennsylvania 19106, to be credited to Civil Action No. 151461. 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 Graterford or
at any other prison at which the plaintiff may be incarcerated, shall deduct from the plaintiff’s
inmate 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. 15-1461;
The clerk of court is directed to send a copy of this order to the superintendent of
the State Correctional Institution at Graterford;
The complaint is DISMISSED for the failure to state a claim, pursuant to 28
U.S.C. § 1915(e)(2)(B)(ii) as follows:
The claims against the George W. Hill Correctional Facility are
DISMISSED WITH PREJUDICE;
The claims for injunctive relief are DISMISSED WITH PREJUDICE
The claims against the defendants based upon an alleged failure to have a
ladder for the plaintiff’s bunk bed are DISMISSED WITH PREJUDICE; and
The claims against Community Education Center (“CEC”), John A.
Reilly, Jr., Donna Mellow, Dr. Ronald Phillips, “N. Smith,” and “E. Asante” are
DISMISSED WITHOUT PREJUDICE with leave to file an amended complaint in
accordance with paragraph 5 of this order;
The plaintiff has leave to file an amended complaint within thirty (30) days of the
date of this order. If the plaintiff files an amended complaint, he shall name all defendants in the
caption of the amended complaint and in the body of the amended complaint. Upon the filing of
an amended complaint, the clerk of court shall not issue summons or make service until so
ordered by the court. If the plaintiff fails to file an amended complaint in accordance with this
order, the court will dismiss with prejudice his claims without further notice to the parties; and
The clerk of court shall CLOSE this case for statistical purposes.
BY THE COURT:
/s/ Edward G. Smith, J.
EDWARD G. SMITH, J.
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