OPHER v. CARNEY et al

Filing 3

ORDER THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED. PLAINTIFF SHALL PAY THE FULL FILING FEE OF $350.00 IN INSTALLMENTS. THE CLERK SHALL SEND A COPY OF THIS ORDER TO THE WARDEN OF THE ALTERNATIVE AND SPECIAL DETENTION DIVISION IN PHILADELPHIA. THE COMPLAINT IS DISMISSED WITH PREJUDICE FOR FDAILURE TO STATE A CLIAM. THE CLERK OF COURTS SHALL CLOSE THIS CASE. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 2/23/17. 2/24/17 ENTERED AND COPIES MAILED TO PRO SE PLAINTIFF AND FAXED. (jpd)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CIVIL ACTION TERROLD OPHER v. FILED FEB 23 2017 NO. 17-729 BLANCHER CARNEY, et al. KATE BARKMAN, Clerk By_ ,Dep. Clerk ORDER 1 AND NOW, thisd3 day of February, 2017, upon consideration of plaintiffs motion to proceed in forma pauperis and his pro se complaint, it is ORDERED that: 1. Leave to proceed in for ma pauper is is GRANTED. 2. Plaintiff Terrold Opher, #731568, 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 $5.43 is assessed. The Warden or other appropriate official at the Alternative and Special Detention Division in Philadelphia or at any other prison at which plaintiff may be incarcerated is directed to deduct $5.43 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. 17-729. After the initial partial filing fee is collected and until the full filing fee is paid, the Warden or other appropriate official at the Alternative and Special Detention Division in Philadelphia 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. 17-729. 3. The Clerk of Court is directed to send a copy of this order to the Warden of the Alternative and Special Detention Division in Philadelphia. 4. The complaint is DISMISSED with prejudice 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. 5. The Clerk of Court shall CLOSE this case. BY THE COURT: LAWRENCE F. STENGEL, J.

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