WALKER v. ONEILL et al

Filing 9

ORDER THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED. THE COMPLAINT IS DISMISSED; PLFF. IS GIVEN LEAVE TO FILE AN AMENDED COMPLAINT IN THIS LAWSUIT, WITH RESPECT TO ANY CLAIMS ARISING OUT OF HIS ARRESTS, IMPRISONMENT, PROSECUTIONS, OR PAROLE VIO LATIONS. UPON THE FILING OF AN AMENDED COMPLAINT, THE CLERK OF COURT SHALL NOT MAKE SERVICE UNTIL SO ORDERED. THE CLERK OF COURT IS DIRECTED TO SEND PLFF. TWO BLANK FORM COMPLAINTS TO BE USED BY A PRISONER FILING A CIVIL RIGHTS ACTION PURSUANT TO 4 2 USC, SECTION 1983. THE CLERK OF COURT IS DIRECTED TO SEND A COPY OF THIS ORDER TO THE WARDEN OF THE MONTGOMERY COUNTY CORRECTIONAL FACILITY.. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 12/6/17. 12/7/17 ENTERED AND COPIES MAILED TO PRO SE PLFF. AND WARDEN OF THE MONTGOMERY COUNTY CORRECTIONAL FACILITY. (pr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JERRY EUGENE WALKER,
Plaintiff,

CIVIL ACTION

v.
HON. STEVEN T. ONEILL, et al.
Defendants.

NO. 17-4973
.

'

ORDER

AND NOW, this' 1/:. day of December, 2017, upon consideration of plaintiffs motion to
proceed informa pauperis (ECF No. 3), his "request and affidavit to proceed informa pauperis"
(ECF No. 4), his "moton of notice/forma pauperis" (ECF No. 5), his prose complaint (ECF No.
1-1 & 1-2), his pro se statement (ECF No. 6), and his addendum (ECF No. 7), it is ORDERED
that:
1.

Leave to proceed informapauperis is GRANTED.

2.

Plaintiff, Jerry Eugene Walker, #16-4352 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, he is not assessed an initial partial filing fee. In each month when the amount in
plaintiffs inmate trust fund account exceeds $10.00, the Warden of the Montgomery County
Correctional Facility or other appropriate official shall forward payments to the Clerk of Court
equaling 20% of the preceding month's income credited to plaintiffs inmate trust fund account
until the fees are paid. Each payment shall reference the docket number for this case, Civil
Action No. 17-4973.
3.

The complaint is DISMISSED pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(i) & (ii)

for the reasons discussed in the Court's memorandum.

4.

Plaintiff is given leave to file an amended complaint in this lawsuit, Civil Action

Number 17-4973, with respect to any claims arising out of his arrests, imprisonment,
prosecutions, or parole violations. Any amended complaint must name all of the defendants in
the caption and must clearly explain how the defendants were involved in violating plaintiffs
rights. Additionally, any amended complaint shall not pursue time-barred claims, claims that are
barred by principles of judicial or prosecutorial immunity, or claims that challenge convictions
that have not been invalidated. Upon the filing of an amended complaint, the Clerk of Court
shall not make service until so ORDERED.
5.

If plaintiff seeks to pursue claims based on the conditions at the Montgomery

County Correctional Facility, he must initiate new civil action that is separate from this case and
that is separate from any amended complaint he files in this case. If he initiates a new civil
action, any complaint he files in that action must clearly list all of the defendants in the caption
and must clearly state the basis for plaintiffs claims against each defendant. Additionally, if
plaintiff files a new civil action to pursue his claims based on the conditions at the Montgomery
County Correctional Facility, he must either pay the $350 filing fee and $50 administrative fee or
file a motion for leave to proceed in forma pauperis with a certified copy of his account
statement for the prior six-month period if he can obtain one. As in this case, he will be required
to pay the filing fee in installments if he is granted leave to proceed in forma pauperis.
6.

The Clerk of Court is directed to send plaintiff two blank form complaints to be

used by a prisoner filing a civil rights action pursuant to 42 U.S.C. § 1983. The Clerk of Court
shall write the civil action number of this case, Civil Action Number 17-4973 on one of the
forms and shall leave the other form blank. Plaintiff may use these forms to file an amended
complaint in 17-4973 and initiate a second action if he chooses to do so.

7.

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

Montgomery County Correctional Facility.
BY THE COURT:

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