PASSARELLA v. CELLINI et al

Filing 7

ORDER THAT THE APPLICATION FOR LEAVE TO PROCEED IN FORMA PAUPERIS (DOC. NO. 1) IS GRANTED AND PASSARELLA HAS LEAVE TO PROCEED IN FORMA PAUPERIS, ETC. THE COMPLAINT (DOC. NO. 2) IS DEEMED FILED. THE COMPLAINT IS DISMISSED AS FOLLOWS: (A) PASSARELLA� 39;S FEDERAL CLAIMS ARE DISMISSED WITH PREJUDICE; AND (B) PASSARELLA'S STATE LAW CLAIMS ARE DISMISSED WITHOUT PREJUDICE TO PASSARELLA FILING A COMPLAINT IN STATE COURT SO THAT HE MAY PROCEED ON HIS STATE LAW CLAIMS IN THAT VENUE. PASSARELLA MAY NOT FILE AN AMENDED COMPLAINT IN THIS CASE. THE CLERK OF COURT IS DIRECTED TO SEND A COPY OF THIS ORDER TO THE SUPERINTENDENT OF SCIMAHANOY. THE CLERK OF COURT SHALL MARK THIS MATTER AS CLOSED. SIGNED BY HONORABLE EDWARD G. SMITH ON 1/31/19. 2/1/19 ENTERED AND COPIES MAILED PRO SE PLAINTIFF AND SUPERINTENDENT OF SCI-MAHANOY.(er, ) Modified on 2/1/2019 (er, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
WILLIAM J. PASSARELLA,
Plaintiff,
v.
ELIZABETH CELLINI,
Defendant.

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CIVIL ACTION NO. 18-5641

ORDER
AND NOW, this 31st day of January, 2019, after considering the application for leave to
proceed in forma pauperis, prisoner trust fund account statement, and complaint filed by the pro
se plaintiff, William J. Passarella (“Passarella”) (Doc. Nos. 1–3); and for the reasons set forth in
the separately filed memorandum opinion, it is hereby ORDERED as follows:
1.

The application for leave to proceed in forma pauperis (Doc. No. 1) is GRANTED

and Passarella has leave to proceed in forma pauperis;
2.

Passarella, #LG-6537, shall pay the full filing fee of $350.00 in installments,

pursuant to 28 U.S.C. § 1915(b). Based on the financial information Passarella has provided, the
court assesses an initial partial filing fee of $1.32. The superintendent or other appropriate official
at SCI–Mahanoy or at any other prison at which Passarella may be incarcerated is directed to
deduct $1.32 from Passarella’s prisoner 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. 19-91. After the initial partial filing fee is collected and until the full filing fee is paid,
the superintendent or other appropriate official at SCI–Mahanoy or at any other prison at which
Passarella may be incarcerated, shall deduct from Passarella’s account, each time that Passarella’s

prisoner 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. 18-5641;
3.

The complaint (Doc. No. 2) is DEEMED filed;

4.

The complaint is DISMISSED as follows: (a) Passarella’s federal claims are

DISMISSED WITH PREJUDICE; and (b) Passarella’s state law claims are DISMISSED
WITHOUT PREJUDICE to Passarella filing a complaint in state court so that he may proceed
on his state law claims in that venue. Passarella may not file an amended complaint in this case;
5.

The clerk of court is DIRECTED to send a copy of this order to the superintendent

of SCI–Mahanoy; and
6.

The clerk of court shall mark this matter as CLOSED.

BY THE COURT:

/s/ Edward G. Smith
EDWARD G. SMITH, J.

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