CREDICO v. BOKHARI et al
Filing
3
OPINION/ORDER THAT PLAINTIFF'S MOTION TO PROCEED IN FORMA PAUPERIS IS HEREBY GRANTED FOR HIS EIGHTH AMENDMENT CLAIM AGAINST DEFENDANTS BOKHARI, BAKER, AND MURPHY. PLAINTIFF'S REMAINING CLAIMS ARE DISMISSED WITHOUT PREJUDICE. IF PLAINTIFF WISHES TO PURSUE THOSE CLAIMS, HE SHOULD FILE A NEW COMPLAINT AND SUBMIT WITH $350.00 FILING FEE AND $50.00 ADMINISTRATIVE FEE TO THE CLERK OF COURT. THE COMPLAINT IS TO BE FILED AGAINST DEFENDANTS BOKHARI, BAKER AND MURPHY; THE SUMMONSES ARE TO ISSUE, SERVICE OF THE SUMMONS AND COMPLAINT IS TO BE MADE UPON THE DEFENDANTS BY THE U.S. MARSHALS SERVICE. THE CLERK OF COURT IS DIRECTED TO SEND A COPY OF THIS ORDER TO THE WARDEN OF THE FEDERAL DETENTION CENTER. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 7/20/16. 7/21/16 ENTERED AND COPIES MAILED TO PRO SE', WARDEN, U.S. MARSHAL.(ky, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CIVIL ACTION
JUSTIN CREDICO
FILED
v.
FDC PHILA MLP BOKHARI, et al.
NO. 16-3726
JUL 21 2016
0 R D E R
AND NOW, this
c!)o'f1
MICHAEL E. KUNZ, Clelk
By.
Dep.C/efk
ctay of July 2016, having considere'\.W
plaintiff's complaint and motion to proceed in forma pauperis, it
is hereby ORDERED that:
1.
Plaintiff 1 s motion to proceed in forma pauperis is
hereby GRANTED for his Eighth Amendment claim against defendants
Bokhari, Baker and Murphy.
2.
prejudice.
Plaintiff's remaining claims are DISMISSED without
If plaintiff wishes to pursue those claims, he should
file a new complaint and submit the $350 filing fee and $50
administrative fee to the Clerk of Court.
3.
Plaintiff, Justin Credico, #71239-066, shall pay the
filing fee of $350 pursuant to 28 U.S.C.
ยง
1915{b).
Based on
plaintiff 1 s financial statement, an initial partial filing fee of
$2.40 is assessed.
The Warden or other appropriate official at
the Federal Detention Center in Philadelphia, Pennsylvania, where
plaintiff is presently confined, or at any other correctional
facility at which plaintiff may be confined, is directed to
deduct $2.40 from plaintiff's prisoner 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, 2609 U.S. Courthouse, Philadelphia, PA 19106, to be
credited to Civil Action No. 16-3726.
Thereafter, until the full
filing fee is paid, the Warden or other appropriate official at
the Federal Detention Center or at any prison at which plaintiff
may be confined, shall deduct from plaintiff's account, each time
that plaintiff's prisoner 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. 16-3726.
4.
The complaint is to be filed against defendants
Bokhari, Baker and Murphy, the summonses are to issue, service of
the summons and complaint is to be made upon the defendants by
the U.S. Marshals Service.
5.
All original pleadings and other papers submitted for
consideration to the Court in this case are to be filed with the
Clerk of this Court.
Copies of papers filed in this Court are to
be served upon counsel for all other parties (or directly on any
party acting pro se).
Service may be by mail.
Proof that
service has been made is provided by a certificate of service.
This certificate should be filed in the case along with the
original papers and should show the day and manner of service.
An example of a certificate of service by mail follows:
"I,
(name)
, do hereby certify
that a true and correct copy of the
foregoing (name of pleading or other
paper) has been served upon (name(s}
of person(s) served} by placing the same
in the U.S. Mail, properly addressed,
this (date) day of
(month)
(year) .
{Signature)
11
If any pleading or other paper submitted for filing does not
include a certificate of service upon the opposing party or
counsel for opposing party, it may be disregarded by the Court.
6.
Any request for court action shall be set forth in a
motion, properly filed and served.
The parties shall file all
motions, including proof of service upon opposing parties, with
the Clerk of Court.
The Federal Rules of Civil Procedure and
local rules are to be followed.
Plaintiff is specifically
directed to comply with Local Civil Rule 7.1 and serve and file a
proper response to all motions within fourteen (14) days.
Failure to do so may result in dismissal of this action.
7.
Plaintiff is specifically directed to comply with Local
Rule 26.l(f) which provides that "[n]o motion or other
application pursuant to the Federal Rules of Civil Procedure
governing discovery or pursuant to this rule shall be made unless
it contains a certification of counsel that the parties, after
reasonable effort, are unable to resolve the dispute."
Plaintiff
shall attempt to resolve any discovery disputes by contacting
defendant's counsel directly by telephone or through
correspondence.
B.
No direct communication is to take place with the
District Judge or United States Magistrate Judge with regard to
this case.
All relevant information and papers are to be
directed to the Clerk.
9.
In the event the summons is returned unexecuted, it is
plaintiff's responsibility to ask the Clerk of the Court to issue
an alias summons and to provide the Clerk with the defendant's
correct address, so service can be made.
10.
The parties should notify the Clerk 1 s Office when there
is an address change.
Failure to do so could result in court
orders or other information not being timely delivered, which
could affect the parties 1 legal rights.
11.
The Clerk of court is directed to send a copy of this
order to the Warden of the Federal Detention Center.
BY THE COURT:
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