AVERGUN v. PROSMUSHKIN et al

Filing 3

ORDER THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED. PLAINTIFF SHALL PAY THE FULL FILING FEE OF $350 IN INSTALLMENTS AS OUTLINED HEREIN. THE CLERK OF COURT IS DIRECTED TO SEND A COPY OF THIS ORDER TO THE SUPERINTENDENT OF THE SCI-COAL TOWN SHIP. THE COMPLAINT IS DISMISSED. PLFF'S FEDERAL CLAIMS ARE DISMISSED WITH PREJUDICE FOR FAILURE TO STATE A CLAIM. PLFF'S STATE LAW CLAIMS ARE DISMISSED FOR LACK OF SUBJECT MATTER JURISDICTION WITHOUT PREJUDICE TO HIM REFILING THOSE CLAI MS IN STATE COURT. THE CLERK OF COURT SHALL CLOSE THIS CASE.. SIGNED BY HONORABLE C. DARNELL JONES, II ON 11/9/15. 11/10/15 ENTERED AND COPIES MAILED TO PRO SE PLFF., SUPERINTENDENT OF SCI-COAL TOWNSHIP, 1 COPY TO LEGAL BIN.(pr, ) Modified on 11/10/2015 (lisad, ).

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IN THE UNITED ST ATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JOSEF AVERGUN v. F ;LED CIVIL ACTION Nov= o2015 .1 GREGORY PROSMUSHKIN ~CHAEL ~. l(LJ~z, Cleric NO. 15-5965 ep. Clerk GREGORY PROSMUSHKIN P.C. LAW OFFICES ORDER AND NOW, this ~y of November, 2015, upon consideration of plaintiffs motion to proceed informa pauperis and his prose 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. 15-5965. 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 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. 15-5965. 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. Plaintiffs federal claims are DISMISSED with prejudice for failure to state a claim, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). Plaintiffs state law claims are DISMISSED for lack of subject matter jurisdiction without prejudice to him refiling those claims in state court. 5. The Clerk of Court shall CLOSE this case. BYT ECOURT: (I I

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