COHEN v. TINSLEY et al

Filing 7

OPINION/ORDER THAT THE APPLICATION TO PROCEED IN FORMA PAUPERIS (DOC. NO. 5) IS GRANTED IN PART AND DENIED IN PART. THE MOTION FOR RELIEF OF JUDGMENT IS DENIED AND THIS MATTER IS DISMISSED WITH PREJUDICE; AND THE CLERK OF COURT SHALL MARK THIS MATTER AS CLOSED. SIGNED BY HONORABLE EDWARD G. SMITH ON 4/5/17. 4/5/17 ENTERED AND COPIES MAILED TO PRO SE'. (ky, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JEFFREY COHEN, Personally and as Sole Shareholder of RB ENTERTAINMENT VENTURES, LLC, Plaintiffs, v. JOHN TINSLEY and REGULATORY INSURANCE SERVICES, INC., Defendants. : : : : : : : : : : : : CIVIL ACTION NO. 16-mc-210 ORDER AND NOW, this 5th day of April, 2017, after considering the Motion for Relief of Judgment Pursuant to FRCP Rule 60(d) filed by the pro se plaintiff, Jeffrey Cohen, personally and as the sole shareholder of RB Entertainment Ventures, LLC (Doc. No. 1), and the application to proceed in forma pauperis (Doc. No. 5); and after also considering the pertinent documents filed in the matter of Cohen, et al. v. Tinsley, et al., No. 16-cv-3169 in the United States District Court for the District of Maryland, which is where this action originated; and for the reasons set forth in the separately-filed memorandum opinion, it is hereby ORDERED as follows: 1. The application to proceed in forma pauperis (Doc. No. 5) is GRANTED IN PART and DENIED IN PART as follows: a. The application to proceed in forma pauperis, to the extent that it seeks leave for Jeffrey Cohen to proceed in forma pauperis, is GRANTED, and Jeffrey Cohen has leave to proceed in forma pauperis to the extent that he is asserting claims in this case in his personal capacity; b. The plaintiff, Jeffrey Cohen, #58021-037, shall pay the full filing of $350 pursuant to 28 U.S.C. § 1915(b). Based on the plaintiff’s financial statement, an initial partial filing fee of $52.20 is assessed. The Warden or other appropriate official at FCI Hazelton, where the plaintiff is presently confined, or at any other correctional facility at which the plaintiff may be confined, is directed to deduct $52.50 from the 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 16-mc-210. Thereafter, until the full filing fee is paid, the Warden or other appropriate official at FCI Hazelton or at any prison at which the plaintiff may be confined, shall deduct from the plaintiff’s account, each time that the plaintiff’s prisoner account exceeds $10, a monthly 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 16-mc-210; and c. The application to proceed in forma pauperis, to the extent that it seeks leave for RB Entertainment Ventures, LLC to proceed in forma pauperis, is DENIED; 2. The Motion for Relief of Judgment Pursuant to FRCP Rule 60(d) (Doc. No. 1) is DENIED and this matter is DISMISSED WITH PREJUDICE; and 3. The clerk of court shall mark this matter as CLOSED. BY THE COURT: /s/ Edward G. Smith EDWARD G. SMITH, J. 2

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