PAGE v. WEINTRAUB

Filing 6

ORDERED THAT PLAINTIFF'S MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED. PLAINTIFF SHALL PAY THE FULL FILING FEE OF $350.00 IN INSTALLMENTS. THE CLERK OF COURT SHALL SEND A COPY OF THIS ORDER TO THE SUPERINTENDENT OF SCI MERCER. T HE COMPLAINT IS DISMISSED WITH PREJUDICE FOR FAILURE TO STATE A CLAIM UNDER 28 U.S.C. SEC. 1915(e)(2)(B)(ii). PLAINTIFF MAY NOT FILE AN AMENDED COMPLAINT. THE CLERK OF COURT SHALL CLOSE THIS CASE. SIGNED BY HONORABLE MARK A. KEARNEY ON 6/6/18. 6/7/18 ENTERED AND COPIES MAILED, E-MAILED AND FAXED TO PRO SE PLAINTIFF AND FAXED TO SUPT. OF SCI MERCER.(jpd, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA KYLE MARCEL PAGE, Plaintiff, CIVIL ACTION v. N0.18-2346 MATTHEW WEINTRAUB, Defendant. ORDER AND NOW, this 61h day of June 2018, upon considering prose Plaintiff Kyle Marcel Page's Motion for leave to proceed informa pauperis (ECF Doc. No. 1), his Complaint (ECF Doc. No. 2), his prisoner trust fund account Statement (ECF Doc. No. 3), and for reasons in the accompanying Memorandum, it is ORDERED: 1. Mr. Page's Motion for leave to proceed in forma pauperis (ECF Doc. No. 1) is GRANTED. 2. Mr. Page, #L Y5321, shall pay the full filing fee of $350.00 in installments under 28 U.S.C. § 1915(b). Based on his financial information, we assess an initial partial filing fee of $1.41. The Superintendent or other appropriate official at SCI Mercer or at any other prison at which Mr. Page may be incarcerated is directed to deduct $1.41 from Mr. Page's inmate trust fund account, when such funds become available, and forward this 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. 18-2346. After the initial partial filing fee is collected and until the full filing fee is paid, the Superintendent or other appropriate official at SCI Mercer at any other prison at which Mr. Page may be incarcerated, shall deduct from his account, each time his inmate trust fund account exceeds $10.00, an amount no greater than 20% of the money credited to his account during the preceding month and forward the amount to the Clerk of Court at the address provided above to be credited to Civil Action No. 18-2346. 3. The Clerk of Court is DIRECTED to send a copy of this Order to the Superintendent of SCI Mercer. 4. The Complaint is DISMISSED with prejudice for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii). Mr. Page may not file an amended complaint. 5. The Clerk of Court shall CLOSE this case. 2

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