LEWIS-BEY v. WOLFF et al

Filing 3

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 WARDEN OF THE PHILADELPHIA DETENTION CENTER. THE COMPLAINT IS DISMISSED, PURSUANT TO 28 USC, SECTION 1915 (e)(2)(B)(ii), FOR THE REASONS STATED IN THE COURT'S MEMORANDUM, WITH THE EXCEPTION OF PLFF'S CLAIMS AGAINST OFFICER JONES, OFFICER SAM, AND OFFICER WINGFIELD. PLFF. IS GIVEN LEAVE TO FILE AN AMENDED COMPLAINT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORD ER. IF PLFF. DOES NOT FILE AN AMENDED COMPLAINT, THE COURT WILL DIRECT SERVICE OF THE INITIAL COMPLAINT ON OFFICER JONES, OFFICER SAM, AND OFFICER WINGFIELD. UPON THE FILING OF AN AMENDMENT, THE CLERK SHALL NOT ISSUE SUMMONSES UNTIL SO ORDERED.. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 7/25/16. 7/26/16 ENTERED AND COPIES MAILED TO PRO SE PLFF. AND WARDEN OF PHILA. DETENTION CENTER., 1 COPY IN LEGAL BIN.(pr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
TYRONE LEWIS-BEY

CIVIL ACTION

v.
TOM WOLFF, et al.

NO. 16-3685
ORDER

AND NOW, this i...r'day of July, 2016, upon consideration of plaintiffs motion to
proceed in forma pauperis and his prose complaint, it is ORDERED that:
1.

Leave to proceed in forma pauper is is GRANTED.

2.

Plaintiff Tyrone Lewis, #733-166, 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 $17.95 is assessed. The Warden or other appropriate
official at the Philadelphia Detention Center or at any other prison at which plaintiff may be
incarcerated is directed to deduct $17.95 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. 16-3685. After the initial partial filing fee is collected and
until the full filing fee is paid, the Warden or other appropriate official at the Philadelphia
Detention Center 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. 16-3685.

3.

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

Philadelphia Detention Center.
4.

The complaint is DISMISSED, pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) and (ii),

for the reasons stated in the Court's Memorandum, with the exception of plaintiffs claims
against Officer Jones, Officer Sam, and Officer Wingfield.
5.

Plaintiff is given leave to file an amended complaint within thirty (30) days of the

date of this order. Any amended complaint shall name all of the defendants in the caption of the
amended complaint, shall raise all claims plaintiff seeks to pursue in this civil action, and shall
be a complete document that does not refer to or rely on other pleadings filed in this matter.
However, plaintiff shall not raise any claims challenging the constitutionality of his conviction or
imprisonment, because the Court has dismissed those claims with prejudice. If plaintiff does not
file an amended complaint, the Court will direct service of the initial complaint on Officer Jones,
Officer Sam, and Officer Wingfield. Upon the filing of an amendment, the Clerk shall not issue
summonses until so ORDERED.

BY THE COURT:

OJOEL H.SiOMSKY,J