DIAZ v. FERGUSON et al

Filing 8

ORDER THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED PURSUANT TO 28 U.S.C. § 1915(B). DIAZ, #AS-2274, SHALL PAY THE FULL FILING FEE OF $350.00 IN INSTALLMENTS, PURSUANT TO 28 U.S.C. § 1915(B). BASED ON THE FINANCIAL INFORMATION PRO VIDED BY DIAZ, AN INITIAL PARTIAL FILING FEE OF $9.46 IS ASSESSED; ETC. AS HEREIN. THE CLERK OF COURT IS DIRECTED TO SEND A COPY OF THIS ORDER TO THE SUPERINTENDENT OF SCI GRATERFORD. THE COMPLAINT IS DEEMED FILED. THE COMPLAINT IS DISMISSED WIT HOUT PREJUDICE FOR FAILURE TO STATE A CLAIM, PURSUANT TO 28 U.S.C. § 1915(E)(2)(B)(II) AND RULE 8 OF THE FEDERAL RULES OF CIVIL PROCEDURE, FOR THE REASONS SET FORTH IN THE COURTS MEMORANDUM. DIAZ IS GIVEN LEAVE TO FILE AN AMENDED COMPLAINT WITHI N THIRTY (30) DAYS OF THE DATE OF THIS ORDER IN THE EVENT THAT HE CAN CURE THE DEFECTS IDENTIFIED IN HIS INITIAL COMPLAINT; ETC. AS HEREIN. THE CLERK OF COURT IS DIRECTED TO SEND DIAZ A BLANK COPY OF THIS COURTS CURRENT FORM TO BE USED BY A PRISONER FILING A CIVIL RIGHTS ACTION BEARING THE ABOVE-CAPTIONED CIVIL ACTION NUMBER. IF DIAZ FAILS TO FILE AN AMENDED COMPLAINT, HIS CASE MAY BE DISMISSED FOR FAILURE TO PROSECUTE WITHOUT FURTHER NOTICE; ETC. AS HEREIN. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 6/12/18. 6/12/18 ENTERED AND COPIES MAILED TO PRO SE.(mas, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
RAUL DIAZ,
Plaintiff,
v.
TAMMY FERGUSON, et al.,
Defendants.

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CIVIL ACTION NO. 18-CV-1996

ORDER
AND NOW, this 12th day of June, 2018, upon consideration of Plaintiff Raul Diaz’s
Motion for Leave to Proceed In Forma Pauperis (ECF No. 1), his Prisoner Trust Fund Account
Statement (ECF No. 6), and his pro se Complaint (ECF No. 2), it is ORDERED that:
1.

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

§ 1915(b).
2.

Diaz, #AS-2274, 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 Diaz, an initial partial
filing fee of $9.46 is assessed. The Superintendent or other appropriate official at SCI Graterford
or at any other prison at which Diaz may be incarcerated is directed to deduct $9.46 from Diaz’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. 18-1996. After
the initial partial filing fee is collected and until the full filing fee is paid, the Superintendent or
other appropriate official at SCI Graterford or at any other prison at which Diaz may be
incarcerated, shall deduct from Diaz’s account, each time that Diaz’s inmate trust fund account
exceeds $10.00, 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. 18-1996.
3.

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

Superintendent of SCI Graterford.
4.

The Complaint is DEEMED filed.

5.

The Complaint is DISMISSED without prejudice for failure to state a claim,

pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) and Rule 8 of the Federal Rules of Civil Procedure, for
the reasons set forth in the Court’s Memorandum.
6.

Diaz is given leave to file an amended complaint within thirty (30) days of the

date of this Order in the event that he can cure the defects identified in his initial Complaint.
Any amended complaint must identify the defendants in the caption in addition to the body, and
shall state the basis for Diaz’s claims against each defendant. If Diaz does not know the identity
of any of the individuals responsible, he may refer to them as Jane or John Doe. Upon the filing
of an amended complaint, the Clerk of Court shall not make service until so ORDERED by the
Court.
7.

The Clerk of Court is DIRECTED to send Diaz a blank copy of this Court’s

current form to be used by a prisoner filing a civil rights action bearing the above-captioned civil
action number.
8.

If Diaz fails to file an amended complaint, his case may be dismissed for failure to

prosecute without further notice.
BY THE COURT:

/s/ Jeffrey L. Schmehl
JEFFREY L. SCHMEHL, J.