WONGUS v. CITY OF PHILADELPHIA 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 PURSUANT TO 28 U.S.C. SECTION 1915(B) ETC.; THE CLERK OF COURT IS DIRECTED TO SEND A COPY OF THIS ORDER TO THE SUPERINTENDE NT OF THE STATE CORRECTIONAL INSTITUTION AT GRATERFORD; THE COMPLAINT IS DISMISSED FOR FAILURE TO STATE A CLAIM PURSUANT TO 28 U.S.C. SECTION 1915 (E)(2)(B)(II) FOR THE REASONS STATD IN THE COURT'S MEMORANDUM AND THE CLERK OF COURT SHALL CLOSE THIS CASE. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 10/13/16. 10/14/16 ENTERED AND COPIES MAILED TO PLAINTIFF, SUPERINTENDENT AND COPY TO LEGAL.(jaa, ) Modified on 10/14/2016 (jaa, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
TERRANCE WONGUS
v.
CITY OF PHILADELPHIA
POLICE OFFICER CHRISTOPHER
HULMES

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CIVIL ACTION NO. 16-5081

ORDER
AND NOW, this 13th day of October, 2016, upon consideration of plaintiff’s motion to
proceed in forma pauperis and his pro se complaint, it is hereby ORDERED that:
1.

Leave to proceed in forma pauperis is GRANTED.

2.

Plaintiff Terrance Wongus, #BW-7518, 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 $15.42 is assessed. The Superintendent or other
appropriate official at the State Correctional Institution at Graterford or at any other prison at
which plaintiff may be incarcerated is directed to deduct $15.42 from plaintiff’s 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. 16-5081. 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 Graterford or at any other prison at
which plaintiff may be incarcerated, shall deduct from plaintiff’s 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 the Clerk
of Court at the address provided above to be credited to Civil Action No. 16-5081.
3.

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

Superintendent of the State Correctional Institution at Graterford.
4.

The complaint is DISMISSED for failure to state a claim, pursuant to 28 U.S.C.

§ 1915(e)(2)(B)(ii), for the reasons stated in the Court’s Memorandum. Plaintiff’s claims that
are based on challenges to his convictions and related imprisonment are DISMISSED
WITHOUT PREJUDICE to him filing a petition for a writ of habeas corpus pursuant to 28
U.S.C. § 2254 or filing a new civil action in the event those convictions are overturned or
otherwise called into question.
5.

The Clerk of Court shall CLOSE this case.
BY THE COURT:
/s/ Cynthia M. Rufe
CYNTHIA M. RUFE, J.