SCOTT v. COM. PLEAS CT. OF PHILA. CNTY. et al

Filing 3

OPINION/ORDER THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED. PLAINTIFF ANTHONY SCOTT SHALL PAY THE FULL FILING FEE OF $350 IN INSTALLMENTS. THE COMPLAINT IS DISMISSED FOR FAILURE TO STATE A CLAIM, AND THE CLERK OF COURT SHALL CLOSE THIS CASE. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 12/23/16. 12/23/16 ENTERED AND COPIES MAILED TO PRO SE' AND SUPERINTENDENT SCI ALBION. (ky, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CIVIL ACTION

ANTHONY SCOTT

v.
COM. PLEAS CT. OF PHILA. CNTY.
MICHAEL CLARK

NO. 16-6327

ORDER
AND NOW,

thisa3~ay of December, 2016, upon consideration of plaintiff's motion to

FILED

proceed informa pauperis and his prose complaint, it is ORDERED that:
I.

2.

Plaintiff Anthony Scott, #HG-2005, shall pay the full filing fee

DEC 2 7 2016

Leave to proceed in for ma pauperis is GRANTED.

of$35011;cvv.J:· 1 nt;;~.~:~

installments, pursuant to 28 U.S.C. § 1915(b). Based on the fmancial information provided by
plaintiff, an initial partial filing fee of $31.98 is assessed. The Superintendent or other

appropriate official at the State Correctional Institution at Albion or at any other prison at which
plaintiff may be incarcerated is directed to deduct $31.98 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. 16-6327. 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 Albion 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. 16-6327.

3.

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

of the State Correctional Institution at Albion.
4.

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

'

191 S(e)(2)(B)(ii), for the reasons stated in the Court's Memorandum. Plaintiff may not file an
amended complaint in this case. However, his claims are dismissed without prejudice to him
proceeding on his pending habeas petition or filing a new civil action for damages against an
appropriate defendant in the event his convictions and sentence are overturned or otherwise
called into question.

5.

The Clerk of Court shall CLOSE this case.
BY THE COURT:

4na LL
ifjrifGOAJ~

VJAMES KN

GARDNER, J.