ROSS v. CLERK OF COURTS OF THE COURT OF COMMON PLEAS OF PHILADELPHIA, PENNSYLVANIA et al

Filing 4

ORDER THAT LEAVE TO PROCEED IN FORMA PAUPERIS; THE CLERK OF COURT IS DIRECTED TO SEND A COPY OF THIS ORDER TO THE SUPERINTENDENT AT SCI-SOMERSET. THE COMPLAINT IS DISMISSED FOR FAILURE TO STATE A CLAIM. ROSS MAY NOT FILE AN AMENDED COMPLAINT IN THIS MATTER. THE CLERK OF COURT SHALL CLOSE THIS CASE.. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 11/15/17. 11/16/17 ENTERED AND COPIES MAILED TO PRO SE PLFF. AND SUPERINTENDENT OF SCI-SOMERSET. (pr, )

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

SAMUEL T. ROSS,
Plaintiff,
v.
CLERK OF COURTS OF THE COURT
OF COMMON PLEAS OF
.
PHILADELPHIA, PENNSYLVANIA,
-=•=",,_,.,,
et al.,
Defendants.

.
..
.

.

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11-so12

ORDER

AND NOW, this

/~of November, 2017, upon consideration of Ross's motion to

proceed in forma pauperis and his pro se Complaint, it is ORDERED that:
1.

Leave to proceed in forma pauperis is GRANTED.

2.

Plaintiff, Samuel T. Ross, #DG-5341, shall pay the full filing fee of $350.00 in

installments, pursuant to 28 U.S.C. § 1915(b). Based on the financial information provided by
Ross, an initial partial filing fee of $34.57 is assessed. The Superintendent or other appropriate
official at SCI Somerset or at any other prison at which Ross may be incarcerated is directed to
deduct $34.57 from Ross'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. 17-5012. In each succeeding month when the amount in Ross's inmate trust fund
account exceeds $10.00, the Superintendent or other appropriate official shall forward payments
to the Clerk of Court equaling 20% of the preceding month's income credited to Ross's inmate

trust fund account until the fees are paid. Each payment shall reference the docket number for
this case, Civil Action No. 17-5012.
3.

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

at SCI Somerset.
4.

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

§1915(e)(2)(B)(ii), in accordance with the Court's memorandum. Ross may not file an amended
complaint in this matter.
5.

The Clerk of Court shall CLOSE this case.