WINN v. PHILADELPHIA PRISON SYSTEMS et al

Filing 5

OPINION/ORDER THAT PLAINTIFF'S MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED, AND THAT WINN'S COMPLAINT IS DISMISSED FOR FAILING TO STATE A CLAIM. WINN SHALL HAVE UNTIL 3/1/17 TO FILE AN AMENDED COMPLAINT. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 2/1/17. 2/3/17 ENTERED AND COPIES MAILED TO PRO SE' AND SUPT. OF THE STATE CORRECTIONAL INSTITUTION AT PINE GROVE. (ky, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
JERMAINE WINN,

:
:
Plaintiff
:
:
v.
:
:
PHILADELPHIA PRISON SYSTEMS;
:
STATE CORRECTIONAL INSTITUTION
:
GRATERFORD;
:
CORRECTIONAL CARE SOLUTIONS; and
:
DR. JOHNSON, Willis Eye Institute (Phila),
:
:
Defendants.
:
__________________________________________

No. 2:16-cv-05275

ORDER
And now, this 1st day of February, 2017, for the reasons set forth in the accompanying
Memorandum Opinion issued this day, IT IS ORDERED as follows:
1.

Plaintiff’s Motion for Leave to Proceed En [sic] Forma Pauperis, ECF No. 1, is
GRANTED.

2.

Plaintiff Jermaine Winn, #LL-3407, shall pay the full filing fee of $350 in
installments, pursuant to 28 U.S.C. § 1915(b). Based on the financial information
that Winn provided with his application, an initial partial filing fee of $4.03 is
assessed. The Superintendent or other appropriate official at the State
Correctional Institution at Pine Grove or at any other prison at which Winn may
be incarcerated is directed to deduct $4.03 from Winn’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.
16-5275. 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 Pine Grove, or at any other prison at which Winn may be
incarcerated, shall deduct from Winn’s account, each time that his 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.
16-5275.
3.

The Clerk of Court is directed to send a copy of this order to the Superintendent
of the State Correctional Institution at Pine Grove.

4.

Winn’s complaint is DISMISSED for failing to state a claim. His claims against
the Philadelphia Prison System and the State Correctional Institution at Graterford
are DISMISSED WITH PREJUDICE, and his remaining claims are
DISMISSED WITHOUT PREJUDICE.

5.

Winn shall have until March 1, 2017, to file an amended complaint, if he wishes.
If Winn files an amended complaint, he must name all defendants in the
caption of the amended complaint in addition to identifying them in the body of
the amended complaint. Any amended complaint must also state the basis for
his claims against each defendant and must state when the events giving rise
to his claims occurred.

6.

If Winn files an amended complaint, the Clerk of Court shall not effect service
until ordered by the Court.

BY THE COURT:

/s/ Joseph F. Leeson, Jr.__________
JOSEPH F. LEESON, JR.
United States District Judge