GILMORE v. WETZEL et al

Filing 6

ORDERED THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED PURSUANT TO 28 U.S.C. § 1915. MALIK A. GILMORE, #JT-3807, HAVING ALREADY SUBMITTED PARTIAL PAYMENTS TOTALING $125, SHALL PAY THE $225 BALANCE OF THE FULL FILING FEE OF $3 50 IN INSTALLMENTS, PURSUANT TO 28 U.S.C. § 1915(B), REGARDLESS OF THE OUTCOME OF THIS CASE. THE CLERK OF COURT IS DIRECTED TO SEND A COPY OF THIS ORDER TO THE SUPERINTENDENT OF SCI-PHOENIX. THE COMPLAINT IS DEEMED FILED. THE COMPLAINT IS DISMIS SED WITH PREJUDICE FOR THE REASONS STATED IN THE COURTS MEMORANDUM FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED. THE CLERK OF COURT IS DIRECTED TO CLOSE THIS CASE. SIGNED BY HONORABLE J. CURTIS JOYNER ON 1/5/21. 1/6/21 ENTERED AND COPIES NOT MAILED TO PRO SE AND E-MAILED TO SUPERINTENDENT OF SCI PHOENIX.(jpd, )

Case 2:20-cv-03600-JCJ Document 6 Filed 01/05/21 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MALIK A. GILMORE,
Plaintiff,
v.
JOHN WETZEL, et al.,
Defendants.

:
:
:
:
:
:
:

CIVIL ACTION NO. 20-CV-3600

ORDER
AND NOW, this 5th day of January, 2021, upon consideration of Plaintiff Malik
A. Gilmore’s Motion to Proceed In Forma Pauperis (ECF No. 3), his Prisoner Trust Fund
Account Statement (ECF No. 4), and his pro se Amended Complaint (ECF No. 1), it is
ORDERED that:
1.

Leave to proceed in forma pauperis is GRANTED pursuant to 28 U.S.C. § 1915.

2.

Malik A. Gilmore, #JT-3807, having already submitted partial payments totaling

$125, shall pay the $225 balance of the full filing fee of $350 in installments, pursuant to 28
U.S.C. § 1915(b), regardless of the outcome of this case. The Court directs the Superintendent
of SCI-Phoenix or other appropriate official to assess an initial filing fee of 20% of the greater of
(a) the average monthly deposits to Gilmore’s inmate account; or (b) the average monthly
balance in Gilmore’s inmate account for the six-month period immediately preceding the filing
of this case. The Superintendent or other appropriate official shall calculate, collect, and forward
the initial payment assessed pursuant to this Order to the Court with a reference to the docket
number for this case. In each succeeding month when the amount in Gilmore’s inmate trust fund
account exceeds $10.00, the Superintendent or other appropriate official shall forward payments
to the Clerk of Court equaling 20% of the preceding month’s income credited to Gilmore’s

Case 2:20-cv-03600-JCJ Document 6 Filed 01/05/21 Page 2 of 2

inmate account until the fees are paid. Each payment shall refer to the docket number for this
case.
3.

The Clerk of Court is directed to SEND a copy of this Order to the

Superintendent of SCI-Phoenix.
4.

The Complaint is DEEMED filed.

5.

The Complaint is DISMISSED WITH PREJUDICE for the reasons stated in the

Court’s Memorandum for failure to state a claim upon which relief may be granted.
6.

The Clerk of Court is DIRECTED to close this case.
BY THE COURT:

s/ J. Curtis Joyner
___________________________________
J. CURTIS JOYNER, J.