NUZEZ v. PISTRO

Filing 11

ORDER THAT THE MOTION TO PROCEED IN FORMA PAUPERIS (ECF NO. 8 ) IS GRANTED; PETITIONER EUFEMIO JIMENEZ NUNEZ, #77742-066, SHALL PAY THE FULL FILING FEE OF $350 IN INSTALLMENTS. IT IS FURTHER ORDERED THAT THE COMPLAINT IS DEEMED FILED. IT IS F URTHER ORDERED THAT THE COMPLAINT IS DISMISSED WITHOUTPREJUDICE FOR THE REASONS STATED IN THE COURT'S MEMORANDUM.. SIGNED BY DISTRICT JUDGE JOSHUA D. WOLSON ON 06/03/2021. 06/03/2021 ENTERED AND COPIES NOT MAILED, FAXED TO WARDEN AT FEDERAL DETETION CENTER- PHILADELPHIA.(nd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
EUFEMIO JIMENEZ NUNEZ,
Plaintiff,
v.
KEVIN PISTRO,
Defendant.

:
:
:
:
:
:
:

Case No. 2:21-cv-0995-JDW

ORDER
AND NOW, this 3rd day of June, 2021, upon consideration of Plaintiff Eufemio
Jimenez Nunez’s Motion To Proceed In Forma Pauperis (ECF No. 8), his Prisoner
Trust Fund Account Statement (ECF No. 9), and his pro se Complaint (ECF No. 1), it
is ORDERED the Motion To Proceed In Forma Pauperis (ECF No. 8) is GRANTED
pursuant to 28 U.S.C. § 1915.
It is FURTHER ORDERED that Eufemio Jimenez Nunez, #77742-066, shall
pay 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 Warden of Federal
Detention Center - Philadelphia or other appropriate official to assess an initial filing
fee of 20% of the greater of (a) the average monthly deposits to Mr. Nunez’s inmate
account; or (b) the average monthly balance in Mr. Nunez’s inmate account for the
six-month period immediately preceding the filing of this case. The Warden 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 Mr. Nunez’s inmate trust fund

account exceeds $10.00, the Warden or other appropriate official shall forward
payments to the Clerk of Court equaling 20% of the preceding month’s income
credited to Mr. Nunez’s inmate account until the fees are paid. Each payment shall
refer to the docket number for this case. The Clerk of Court is directed to send a copy
of this Order to the Warden of Federal Detention Center - Philadelphia.
It is FURTHER ORDERED that the Complaint is deemed filed.
It is FURTHER ORDERED that the Complaint is DISMISSED WITHOUT
PREJUDICE for the reasons stated in the Court’s Memorandum. Mr. Nunez may
file an amended complaint on or before July 2, 2021. Any amended complaint must
identify all defendants in the caption of the amended complaint in addition to
identifying them in the body of the amended complaint and shall state the basis for
Mr. Nunez’s claims against each defendant. The amended complaint shall be a
complete document that does not rely on the initial Complaint or other papers filed
in this case to state a claim. When drafting his amended complaint, Mr. Nunez
should be mindful of the Court’s reasons for dismissing the claims in his initial
Complaint as explained in the Court’s Memorandum. Upon the filing of an amended
complaint, the Clerk shall not make service until the Court orders.
It is FURTHER ORDERED that the Clerk of Court shall send Mr. Nunez a
blank copy of the Court’s form complaint for a prisoner filing a civil rights action
bearing the above civil action number. Mr. Nunez may use this form to file his
amended complaint if he chooses to do so. If Mr. Nunez does not wish to amend his
Complaint and instead intends to stand on his Complaint as originally pled, he may

file a notice with the Court within thirty (30) days of the date of this Order stating
that intent, at which time the Court will issue a final order dismissing the case. Any
such notice should be titled “Notice to Stand on Complaint,” and shall include the
civil action number for this case. If Mr. Nunez fails to file any response to this Order,
the Court will conclude that Mr. Nunez intends to stand on his Complaint and will
issue a final order dismissing this case.
BY THE COURT:
/s/ Joshua D. Wolson
JOSHUA D. WOLSON, J.