FALCEY v. GOLDBERGER et al

Filing 5

ORDER THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED PURSUANT TO 28 U.S.C. § 1915. PLAINTIFF, PATRICK M. FALCEY, #MX-3084, SHALL PAY THE FULL FILING FEE OF $350.00 IN INSTALLMENTS, PURSUANT TO 28 U.S.C. § 1915(B). BASED ON THE FINA NCIAL INFORMATION PROVIDED BY MR. FALCEY, AN INITIAL PARTIAL FILING FEE OF $50.14 IS ASSESSED; ETC. AS HEREIN. THE CLERK OF COURT IS DIRECTED TO SEND A COPY OF THIS ORDER TO THE SUPERINTENDENT AT SCI GREENE. IF MR. FALCEY FAILS TO FILE AN AMENDED COMPLAINT, THIS CASE MAY BE DISMISSED FOR FAILURE TO PROSECUTE WITHOUT FURTHER NOTICE; ETC. AS HEREIN. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 2/9/18. 2/14/18 ENTERED AND COPIES MAILED TO PRO SE AND SUPERINTENDENT AT SCI GREENE.(mas, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PATRICK M. FALCEY,
Plaintiff,

CIVIL ACTION

v.
DR. FREDERICK GOLDBERG, et al.,
Defendants.

"'

AND NOW, this

7

NO. 18-424

ORDER

day of February, 2018, upon consideration of Mr. Falcey's motion

to proceed in forma pauperis and his prose Complaint, it is ORDERED that:
1.

Leave to proceed in forma pauperis is GRANTED pursuant to 28 U.S.C. § 1915.

2.

Plaintiff, Patrick M. Falcey, #MX-3084, 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
Mr. Falcey, an initial partial filing fee of $50.14 is assessed.

The Superintendent or other

appropriate official at SCI Greene or at any other prison at which Mr. Falcey may be
incarcerated is directed to deduct $50.14 from Mr. Falcey'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. 18-424. In each succeeding month when the amount in Mr.
Falcey'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 Mr. Falcey's inmate trust fund account until the fees are paid. Each payment
shall reference the docket number for this case, Civil Action No. 18-424.

3.

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

Superintendent at SCI Greene.
4.

Mr. Falcey's Complaint is DISMISSED in accordance with the Court's

Memorandum. Any federal claims brought pursuant to 42 U.S.C. § 1983 are DISMISSED for
failure to state a claim, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). Mr. Falcey's state law claims
of malpractice and products liability are DISMISSED without prejudice to Mr. Falcey refiling
them in state court, or filing an amended complaint in this action within thirty (30) days of the
date of this Order. Any amended complaint must identify all defendants in the caption and
clearly state the basis for Mr. Falcey's claims against each defendant. If Mr. Falcey files an
amended complaint, the Clerk of Court shall not make service until so ORDERED.
5.

If Mr. Falcey fails to file an amended complaint, this case may be dismissed for

failure to prosecute without further notice.
BY THE COURT: