STEWART v. WETZEL et al

Filing 4

MEMORANDUM OPINION. SIGNED BY HONORABLE EDWARD G. SMITH ON 7/6/2016. 7/6/2016 ENTERED AND COPIES MAILED TO PRO SE PLAINTIFF.(lbs, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CARL THOMAS STEWART, JR.,
Plaintiff,
v.
JOHN E. WETZEL, et al.,
Defendants.

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CIVIL ACTION NO. 16-2374

MEMORANDUM OPINION
Smith, J.

July 6, 2016

The pro se plaintiff, Carl Thomas Stewart, Jr., commenced this action against the
defendants, John E. Wetzel, Supt. Robert Gilmore, Sgt. Miller, CO Eagle, CO E. Harn, and CO
Briggs, by filing a complaint that the clerk of court docketed on May 12, 2016. 1 Doc. No. 1.
The allegations in the complaint generally relate to the defendants’ failure to permit him
adequate use of a telephone even though he had a court order allowing him to contact witnesses
in another civil action he was prosecuting in the United States District Court for the Middle
District of Pennsylvania. See Compl. at ¶¶ 11-26. He asserts a cause of action under 42 U.S.C. §
1983 and seeks compensatory damages, punitive damages, and declaratory and injunctive relief.
Id. at ¶¶ 28, 34-40.
The plaintiff did not file an application to proceed in forma pauperis or pay the filing fees
to commence the action, so the court entered an order on May 26, 2016, which, inter alia, (1)
provided the plaintiff with a period of 30 days from the date of the order to either (a) file an
application for leave to proceed in forma pauperis, or (b) pay the $400 in fees to commence the
action, (2) required the clerk of court to send a blank form application to proceed in forma
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The plaintiff is suing the defendants in their official and individual capacities.

pauperis to the plaintiff at his address of record, and (3) advised the plaintiff that if he did not
submit a completed application to proceed in forma pauperis or pay the filing fee, the court
would dismiss the action without prejudice and without notice to him. Order, Doc. No. 3.
To date, well over 30 days have passed and the plaintiff has neither submitted a
completed application to proceed in forma pauperis nor paid the $400 in filing fees to commence
the case. Therefore, he has not complied with the court’s May 26, 2016 order, and the court will
dismiss this action without prejudice.
A separate order follows.

BY THE COURT:

/s/ Edward G. Smith
EDWARD G. SMITH, J.

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