FULTON v. SCI CHESTER et al

Filing 3

ORDER THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED. THE COMPLAINT IS DISMISSED. PLFF'S FEDERAL CLAIMS ARE DISMISSED WITH PREJUDICE AND HIS STATE LAW CLAIMS ARE DISMISSED WITHOUT PREJUDICE FOR LACK OF SUBJECT MATTER JURISDICTION. THE CLE RK OF COURT IS DIRECTED TO FORWARD COPIES OF THIS ORDER TO THE SUPERINTENDENT TO SCI-FAYETTE AND THE PLFF. THE CLERK OF COURT SHALL CLOSE THIS CASE.. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 6/10/16. 6/10/16 ENTERED AND COPIES MAILED TO PRO SE PLFF., 1 COPY TO SUPERINTENDENT OF SCI-FAYETTE AND 1 COPY TO LEGAL BIN. (pr, ) Modified on 6/10/2016 (pr, ).

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

:
CIVIL ACTION
:
:
No. 16-2563
:
:
:
ORDER

v.
SCI CHESTER
JOHN WILLIAMS

NOW, this 10th day of June, 2016, upon consideration of plaintiff’s motion for to
proceed in forma pauperis (Document No. 1) and his complaint, it is ORDERED that:
1.

Leave to proceed in forma pauperis is GRANTED pursuant to 28 U.S.C. §

2.

The plaintiff shall pay the filing fee of $350.

3.

Based on the financial information provided by plaintiff, he is not assessed

1915.

an initial partial filing fee. The Superintendent or other appropriate official at the State
Correctional Institution at Fayette or at any other prison at which plaintiff may be
incarcerated shall deduct from plaintiff's inmate trust fund account, each time that 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 be
credited to Civil Action Number 16-2563, to the following address:
Clerk of the United States District Court
for the Eastern District of Pennsylvania
601 Market Street, Room 2609
Philadelphia, Pennsylvania 19106
4.

The complaint is DISMISSED. Plaintiff’s federal claims are DISMISSED

with prejudice and his state law claims are DISMISSED without prejudice for lack of
subject matter jurisdiction.

5.

The Clerk of Court is directed to forward copies of this Order to the

Superintendent of the State Correctional Institution at Fayette and the plaintiff.
6.

The Clerk of Court shall CLOSE this case.

/s/Timothy J. Savage
TIMOTHY J. SAVAGE, J.