JOHNSON v. KOVACH et al

Filing 4

ORDERED THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED. PLAINTIFF SHALL PAY THE FULL $350.00 FILING FEE IN INSTALLMENTS. THE COMPLAINT IS DISMISSED. PLAINTIFF IS NOT GIVEN LEAVE TO FILE AN AMENDED COMPLAINT IN THIS CASE. THE CLERK OF COURT SHALL SEND A COPY OF THIS ORDER TO THIS ORDER TO THE WARDEN OF SCI SMITHFIELD. THE CLERK OF COURT SHALL CLOSE THIS CASE. SIGNED BY CHIEF JUDGE LAWRENCE F. STENGEL ON 2/12/18. 2/13/18 ENTERED AND COPIES MAILED TO PRO SE PLAINTIFF. (jpd )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MARCUS JOHNSON,
Plaintiff,
v.
A. SHELDON KOVACH and
JOHN F.X. REILLY,
Defendants.

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CIVIL ACTION

NO. 18-449

ORDER
AND NOW, this 12th day of February, 2018, upon consideration of consideration of Mr.
Johnson’s motion to proceed in forma pauperis and pro se Complaint, it is ORDERED that:
1.

Leave to proceed in forma pauperis is GRANTED.

2.

Plaintiff, Marcus Johnson, #EG-1740, 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
Mr. Johnson, an initial partial filing fee of $52.50 is assessed. The Superintendent or other
appropriate official at the State Correctional Institution-Smithfield or at any other prison at
which Mr. Johnson may be incarcerated is directed to deduct $52.50 from Mr. Johnson’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. 18-449. 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-Smithfield or at any other prison at
which Mr. Johnson may be incarcerated, shall deduct from Mr. Johnson’s account, each time that
Mr. Johnson’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. 18-449.
3.

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

reasons discussed in the Court’s Memorandum. Mr. Johnson is not given leave to file an
amended complaint in this case. However, the Court will dismiss his claims without prejudice in
the event his convictions are invalidated in the future.
4.

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

State Correctional Institution at Smithfield.
5.

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

/s/ Lawrence F. Stengel
LAWRENCE F. STENGEL, C.J.