MINOR v. 18TH DISTRICT et al

Filing 9

ORDER THAT THE MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED. THE CLERK OF COURT IS DIRECTED TO SEND A COPY OF THIS ORDER TO THE WARDEN AT THE RIVERSIDE CORRECTIONAL FACILITY. THE COMPLAINT IS DISMISSED WITHOUT PREJUDICE FOR THE REASONS ST ATED IN THE COURT'S MEMORANDUM. MS. MINOR IS GIVEN LEAVE TO FILE AN AMENDED COMPLAINT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER. UPON THE FILING OF AN AMENDMENT COMPLAINT, THE CLERK OF COURT SHALL NOT MAKE SERVICE UNTIL SO ORDERED. THE C LERK OF COURT SHALL SEND MS. MINOR A BLANK COPY OF THE COURT'S CURRENT FORM COMPLAINT FOR A PRISONER FILING A CIVIL RIGHTS ACTION BEARING THE CIVIL ACTION NUMBER FOR THIS CASE.. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 4/27/18.4/27/18 ENTERED AND COPIES MAILED TO PRO SE PLFF. WITH A BLANK 1983 CIVIL RIGHTS COMPLAINT FORM AND WARDEN AT RIVERSIDE CORRECTIONAL FACILITY. (pr, ) Modified on 4/27/2018 (pr, ). (Entered: 04/27/2018) Modified on 4/27/2018 (pr, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MARCHESU MINOR,
Plaintiff,
v.
18th DISTRICT, et al.
Defendants.

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CIVIL ACTION

NO. 18-825

ORDER
AND NOW, this 27th day of April, 2018, upon consideration of Ms. Minor’s Motion to
Proceed In Forma Pauperis, Prisoner Trust Fund Account Statement, and her pro se Complaint,
it is hereby ORDERED that:
1.

The motion to proceed in forma pauperis is GRANTED.

2.

Plaintiff Marchesu Minor, #652919, 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 $1.02 is assessed. The Warden or other appropriate
official at the Riverside Correctional Facility or at any other prison at which Plaintiff may be
incarcerated is directed to deduct $1.02 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. 18-825. In each succeeding month when the amount in
Plaintiff’s inmate trust fund account exceeds $10.00, the Warden or other appropriate official
shall forward payments to the Clerk of Court equaling 20% of the preceding month’s income
credited to Plaintiff’s inmate trust fund account until the fees are paid. Each payment shall
reference the docket number for this case, Civil Action No. 18-825.

3.

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

Riverside Correctional Facility.
4.

The Complaint is DISMISSED without prejudice for the reasons stated in the

Court’s Memorandum.
5.

Ms. Minor is given leave to file an amended complaint within thirty (30) days of

the date of this order in the event she can state a plausible claim against an appropriate defendant
or defendants. If Ms. Minor files an amended complaint, she shall identify all of the defendants
in the caption of the amended complaint, clearly state how each defendant was involved in the
claimed violations of her rights, and identify the relief that she seeks. Any amended complaint
shall not rely on Ms. Minor’s original complaint or any other documents filed in this case in
order to state a claim. Upon the filing of an amended complaint, the Clerk of Court shall not
make service until so ORDERED.
6.

The Clerk of Court shall send Ms. Minor a blank copy of the Court’s current form

complaint for a prisoner filing a civil rights action bearing the civil action number for this case.
7.

If Ms. Minor fails to file an amended complaint in accordance with this order, her

case may be dismissed for failure to prosecute without further notice.
BY THE COURT:

/s/ Nitza I. Quiñones Alejandro
NITZA I. QUIÑONES ALEJANDRO
Judge, United States District Court