AVERGUN v. WARDEN OF THE PHILADELPHIA COUNTY PRISON ON THE STATE ROAD et al

Filing 5

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 SUPERINTENDENT OF THE SCI-COAL TOWNSHIP. THE COMPLAINT IS DISMISSED WITH PREJUDICE FOR FAILURE TO STATE A CLAIM, PURSUANT T O 28 USC, SECTION 1915(e)(2)(B)(ii). THE CLERK OF COURT SHALL CLOSE THIS CASE.. SIGNED BY HONORABLE C. DARNELL JONES, II ON 11/3/15. 11/4/15 ENTERED AND COPIES MAILED TO PRO SE PLFF., SUPERINTENDENT OF SCI-COAL TOWNSHIP, 1 COPY TO LEGAL BIN.(pr, )

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

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JOSEF AVERGUN

CIVIL ACTION

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WARDEN OF THE PHILADEPHIA COUNTY
PRISON ON THE STATE ROAD
CORRECTIONAL OFFICER BIRETTA

NO. 15-5723

ORDER
AND NOW, this

6

1

fay of November, 2015, upon consideration of plaintiffs motion

to proceed in forma pauperis and his pro se complaint, it is ORDERED that:

1.

Leave to proceed informa pauperis is GRANTED.

2.

Plaintiff Joseph Avergun, #KT-2212, 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 $9. 73 is assessed. The Superintendent or other appropriate
official at the State Correctional Institution at Coal Township or at any other prison at which
plaintiff may be incarcerated is directed to deduct $9.73 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. 15-5723. 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 Coal Township 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

ENTERED
NOV 0 4 2015
CLERK OF COURT

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. 15-5723.
3.

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

of the State Correctional Institution at Coal Township.
4.

The complaint is DISMISSED with 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.

The Clerk of Court shall CLOSE this case.