KELSEY et al v. PHILADELPHIA POLICE DEPARTMENT et al
Filing
6
OPINION/ORDER THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED. PLAINTIFF SHALL PAY THE FULL FILING FEE OF $350 IN INSTALLMENTS. THE CLERK OF COURT IS DIRECTED TO SEND A COPY OF THIS ORDER TO THE SUPERINTENDENT OF SCI HUNTINGDON. THE COMPLAI NT IS DISMISSED, AND PLAINTIFFF MAY NOT FILE AN AMENDED COMPLAINT IN THIS CASE. THE CLERK OF COURT SHALL CLOSE THIS CASE. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 12/28/17. 12/28/17 ENTERED AND COPIES MAILED TO PRO SE' AND WARDEN SCI HUNTINGDON. (ky, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JOSEPH KELSEY,
Plaintiff,
:
:
:
v.
:
:
PHILADELPHIA POLICE DEPARTMENT, et al. :
Defendants.
:
CIVIL ACTION
NO. 17-5199
ORDER
AND NOW, this 28th day of December, 2017, upon consideration of plaintiff’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 Joseph Kelsey, #LK-8669, 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 $19.59 is assessed. The Superintendent or other
appropriate official at the State Correctional Institution at Huntingdon or at any other prison at
which plaintiff may be incarcerated is directed to deduct $19.59 from plaintiff’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. 17-5199. 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 Huntingdon or at any other prison at
which plaintiff may be incarcerated, shall deduct from plaintiff’s account, each time that
plaintiff’s 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. 17-5199.
3.
The Clerk of Court is directed to send a copy of this order to the Superintendent
of the State Correctional Institution at Huntingdon.
4.
The complaint is DISMISSED, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), for the
reasons stated in the Court’s Memorandum. Plaintiff may not file an amended complaint in this
case. Plaintiff’s claims are dismissed with prejudice, with the exception of any claims barred by
Heck v. Humphrey, 512 U.S. 477 (1994), raised against non-immune defendants, which plaintiff
may reassert in a new civil action only after his convictions have been reversed, vacated, or
otherwise invalidated.
5.
The Clerk of Court shall CLOSE this case.
BY THE COURT:
/s/ Jeffrey L. Schmehl
JEFFREY L. SCHMEHL, J.
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