SANTIAGO v. PHILADELPHIA CITY, U.S.A. et al

Filing 8

ORDERED THAT THE 3/12/18 ORDER (DOC. NO. 3) IS VACATED. PLAINTIFF IS GRANTED LEAVE TO PROCEED IN FORMA PAUPERIS. PLAINTFF SHALL PAY THE FULL FILING FEE OF $350.00 IN INSTALLMENTS. THE CLERK OF COURT SHALL SEND A COPY OF THIS ORDER TO THE WARDEN OF C.F.C.F. THE AMENDED COMPLAINT IS DISMISSED WITH PREJUDICE AS FRIVOLOUS. THE CLERK OF COURT SHALL CLOSE THIS CASE. SIGNED BY HONORABLE GERALD J. PAPPERT ON 5/9/18. 5/10/18 ENTERED AND COPIES MAILED TO PRO SE PLAINTIFF AND FAXED TO WARDEN OF C.F.C.F. (jpd )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ROYLANDO SANTIAGO, III,
Plaintiff,
v.
PHILADELPHIA CITY, U.S.A., et al.,
Defendants.

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CIVIL ACTION NO. 18-CV-367

ORDER
AND NOW, this 9th day of May, 2018, upon consideration of Plaintiff Roylando
Santiago, III’s Motion to Proceed In Forma Pauperis (ECF No. 4), Prisoner Trust Fund Account
Statement (ECF No. 5), and Amended Complaint (ECF No. 6), it is ORDERED that:
1.

The Court’s March 12, 2018 Order (ECF No. 3) dismissing this case for failure to

prosecute is VACATED.
2.

Leave to proceed in forma pauperis is GRANTED.

3.

Santiago, #864379, 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 Santiago, an initial partial
filing fee of $24.13 is assessed. The Warden or other appropriate official at the CurranFromhold Correctional Facility or at any other prison at which Santiago may be incarcerated is
directed to deduct $24.13 from Santiago’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. 18-367. After the initial partial filing fee is collected and until the
full filing fee is paid, the Warden or other appropriate official at the Curran-Fromhold
Correctional Facility or at any other prison at which Santiago may be incarcerated, shall deduct

from Santiago’s account, each time that Santiago’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. 18-1737.
4.

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

Curran-Fromhold Correctional Facility.
5.

The Amended Complaint is DISMISSED with prejudice as frivolous, pursuant to

28 U.S.C. § 1915(e)(2)(B)(i), for the reasons stated in the Court’s Memorandum.
6.

The Clerk of Court shall CLOSE this case.
BY THE COURT:

/s/ Gerald J. Pappert
GERALD J. PAPPERT, J.