WILLIAMS v. PHILA. DEPT OF PRISONS et al

Filing 6

ORDERED THAT PLAINTIFF'S MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED. PLAINTIFF SHALL PAY THE $350.00 FILING FEE IN INSTALLMENTS. THE CLERK OF COURT SHALL SEND A COPY OF THIS ORDER TO THE APPROPRIATE OFFICIAL AT THE CAMBRIA CO RRECTIONAL FACILITY. THE COMPLAINT IS DISMISSED WITHOUT PREJUDICE. PLAINTIFF IS GRANTED LEAVE TO FILE AN AMENDED COMPLAINT NO LATER THAN 6/29/18. THE CLERK OF COURT SHALL NOT MAKE SERVICE UNTIL SO ORDERED BY THE COURT THE CLERK SHALL ALSO SEND PLAINT IFF A BLANK COPY OF THIS COURT'S CURRENT FORM USED BY A PRISONER FILING A CIVIL RIGHTS COMPLAINT BEARING THE ABOVE CAPTIONED CIVIL ACTION NUMBER. FAILURE TO COMPLY WITH THIS ORDER WILL RESULT IN THE DISMISSAL OF THIS CASE FOR FAILURE TO PROSECUTE WITHOUT FURTHER NOTICE. SIGNED BY HONORABLE MARK A. KEARNEY ON 5/24/18. 5/24/18 ENTERED AND COPY OF ORDER AND FORMS MAILED TO PRO SE PLAITIFF AND WARDEN OF CAMBRIA CORRECTIONAL FACILITY. (jpd )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ANDRE V. WILLIAMS, SR.,
Plaintiff,

v.

CIVIL ACTION

NO. 18-2110

PHILA. DEPT OF PRISONS, et al,
Defendants.
ORDER
AND NOW, this 24th day of May 2018, upon considering Plaintiffs Motion for leave to
proceed informa pauperis (ECF Doc. No. 1), his Prisoner Trust Fund Account Statement (ECF
Doc. No. 3), his pro se Complaint (ECF Doc. No. 2), and for reasons in the accompanying
memorandum, it is ORDERED:
1.

Plaintiffs Motion for leave to proceed in forma pauperis (ECF Doc. No. 1) is

GRANTED.
2.

Mr. Williams, #850983, shall pay the full filing fee of $350.00 in installments

under 28 U.S.C. § 1915(b). We assess an initial partial filing fee of $10.07 based on his financial
information. The appropriate official at the Cambria Correctional Center or at any other prison
at which Mr. Williams may be incarcerated is directed to deduct $10.07 from his inmate trust
fund account, when such funds become available, and forward this payment 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. 18-2110. After the initial
partial filing fee is collected and until the full filing fee is paid, the appropriate official at the
Cambria Correctional Center or at any other prison incarcerating Mr. Williams, shall deduct
from his account, each time his inmate trust fund account exceeds $10, an amount no greater

than 20 percent (20%) of the money credited to his account during the preceding month and
forward this amount to the Clerk of Court to be credited to Civil Action No. 18-2110.
3.

The Clerk of Court shall send a copy of this Order to the appropriate official at the

Cambria Correctional Center.
4.

We DISMISS the Complaint without prejudice for failure to state a claim under

28 U.S.C. § 1915(e)(2)(B)(ii).

5.

We grant Mr. Williams leave to file an amended complaint no later than June

29, 2018 naming the person or persons responsible for the alleged violations of his rights or a

proper legal entity subject to suit under § 1983.

An amended complaint must identify the

defendants in the caption in addition to the body, and shall state the basis for Mr. Williams'
claims against each defendant. If Mr. Williams does not know the identity of an individual
responsible, he may refer to them as Jane or John Doe. Upon filing an amended complaint, the
Clerk of Court shall not make service until ORDERED.
6.

The Clerk of Court shall send to Mr. Williams 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.
7.

If Mr. Williams fails to timely file an amended complaint, we may dismiss his

case for failure to prosecute without further notice.

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