CRAWFORD v. FRIMEL et al

Filing 9

MEMORANDUM.. SIGNED BY HONORABLE FREDA L. WOLFSON ON 11/7/18. 11/7/18 ENTERED AND COPIES MAILED TO PRO SE PLFF., WARDEN OF FCI-PETERSBURG, AND U.S. ATTORNEY FOR THE EDPA. (pr, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA

CARL DWAYNE CRAWFORD,
Plaintiff,

:

Civ. No. 18-1124 (FLW)

V.

EDWARD M. FRIMEL, SA, et al.,

MEMORANDUM AND ORDER

Defendants.

The Court previously administratively terminated this action as the application to proceed
informapauperis that accompanied Plaintiffs Complaint included a deficient prison account

statement. (ECF Nos. 4 & 5.) Plaintiff has now submitted a renewed application to proceed in
forma pauperis with a proper prison account statement. (ECF Nos. 7 & 8.) Leave to proceed in
this Court without prepayment of fees is authorized. See 28 U.S.C.

§

1915. This case is subject

to screening by the Court sua sponte, and the Court will screen the Complaint in due course.
Therefore, IT IS, on this 7th day of November 2018,
ORDERED that Plaintiffs application to proceed informa pauperis, (ECF No. 7), is

GRANTED; and it is further
ORDERED that the Clerk shall reopen this case; and it is further
ORDERED that the Complaint shall be filed; and it is further

ORDERED that SUMMONS SHALL NOT ISSUE at this time, as the Court has not yet
completed its sua sponte screening; and it is further

ORDERED that the time to serve process under Federal Rule of Civil Procedure 4(m) is
hereby extended to ninety (90) days after the Court permits the Complaint to proceed; and it is
further
ORDERED that, as per 28 U.S.C.

§ 19 15(b) and for purposes of account deduction oniy,

the Clerk of the Court shall serve a copy of this order by regular U.S. mail upon the warden of
FCI-Petersburg and the Office of the United States Attorney for the Eastern District of
Pennsylvania; and it is further
ORDERED that Plaintiff is assessed a filing fee of $350.00 and shall pay the entire filing
fee in the manner set forth in this order pursuant to 28 U.S.C.

§ 1915(b)(1) and (2), regardless of

the outcome of the litigation, meaning that, if the Court dismisses the case upon sua sponte
screening or Plaintiffs case is otherwise administratively terminated or closed,

§ 1915 does not

suspend installment payments of the filing fee or permit refund to the prisoner of the filing fee,
or any part of it, that has already been paid; and it is further
ORDERED that, under Bruce v. Samuels, 136 S. Ct. 627, 632 (2016), if Plaintiff owes
fees for more than one court case, whether to a district or appellate court, under the Prison
Litigation Reform Act (PLRA) provision governing the mandatory recoupment of filing fees,
Plaintiffs monthly income is subject to a simultaneous, cumulative 20% deduction for each case
a court has mandated a deduction under the PLRA, i.e., Plaintiff would be subject to a 40%
deduction if there are two such cases, a 60% deduction if there are three such cases, etc., until all
fees have been paid in full; and it is further
ORDERED that, under 28 U.S.C.

§ 1915(b)(2), in each month that the amount in

Plaintiffs account exceeds $10.00, the agency having custody of Plaintiff shall assess, deduct
from Plaintiffs account, and forward to the Clerk of the Court payment equal to 20% of the

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preceding month’s income credited to Plaintiffs account, in accordance with Bruce, until the
$350.00 filing fee is paid. Each payment shall reference the civil docket numbers of the actions
to which the payment should be credited; and it is finally
ORDERED that the Clerk of the Court shall send a copy of this Order to Plaintiff by
regular U.S. mail.

s/freda L. Wolfson
FREDA L. WOLFSON
United States District Judge

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