CLARK v. ALL THE JUDGES OF THE CRIMINAL JUSTICE CENTER

Filing 7

ORDERED THAT: LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED PURSUANT TO 28 U.S.C. § 1915. DORIAN CLARK, ALSO KNOWN AS STEVEN JACOBS, #807486, SHALL PAY THE FULL FILING FEE OF $350 IN INSTALLMENTS, PURSUANT TO 28 U.S.C. § 1915(B), RE GARDLESS OF THE OUTCOME OF THIS CASE. THE COURT DIRECTS THE WARDEN OF THE PHILADELPHIA INDUSTRIAL CORRECTIONAL CENTER OR OTHER APPROPRIATE OFFICIAL TO ASSESS AN INITIAL FILING FEE OF 20% OF THE GREATER OF (A) THE AVERAGE MONTHLY DEPOSITS TO CLAR KS INMATE ACCOUNT; OR (B) THE AVERAGE MONTHLY BALANCE IN CLARKS INMATE ACCOUNT FOR THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE FILING OF THIS CASE. THE CLERK OF COURT IS DIRECTED TO UPDATE THE DOCKET TO REFLECT CLARKS CURRENT ADDRESS AT THE PHILA DELPHIA INDUSTRIAL CORRECTIONAL CENTER. THE CLERK OF COURT IS DIRECTED TO SEND A COPY OF THIS ORDER TO THE WARDEN OF THE PHILADELPHIA INDUSTRIAL CORRECTIONAL CENTER. THE COMPLAINT IS DEEMED FILED. CLARKS COMPLAINT IS DISMISSED, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM, PURSUANT TO 28 U.S.C. § 1915(E)(2)(B)(II) FOR THE REASONS STATED IN THE COURTS MEMORANDUM. THE CLERK OF COURT SHALL CLOSE THIS CASE.. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 5/18/2022. 5/18/2022 ENTERED AND COPIES NOT MAILED TO PRO SE. EMAILED TO WARDEN.(sg)

Case 2:21-cv-05690-NIQA Document 7 Filed 05/18/22 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DORIAN CLARK
a/k/a Steven Jacobs,
Plaintiff
v.

:

ALL THE JUDGES OF THE
CRIMINAL JUSTICE CENTER,
Defendants

:
:
:
:
:

CIVIL ACTION

NO. 21-CV-5690

:
:
:
ORDER

AND NOW, this 18th day of May, 2022, upon consideration of Dorian Clark’s Motion for
Leave to Proceed In Forma Pauperis (ECF No. 4), Prisoner Trust Fund Account Statement (ECF
No. 5), and pro se Complaint (ECF No. 1), it is hereby ORDERED that:
1.

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

2.

Dorian Clark, also known as Steven Jacobs, #807486, 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 the Philadelphia Industrial Correctional Center or other
appropriate official to assess an initial filing fee of 20% of the greater of (a) the average monthly
deposits to Clark’s inmate account; or (b) the average monthly balance in Clark’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 Clark’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 Clark’s inmate account until the fees are paid. Each payment shall
refer to the docket number for this case.

Case 2:21-cv-05690-NIQA Document 7 Filed 05/18/22 Page 2 of 2

3.

The Clerk of Court is DIRECTED to update the docket to reflect Clark’s current

address at the Philadelphia Industrial Correctional Center.
4.

The Clerk of Court is DIRECTED to send a copy of this Order to the

Warden of the Philadelphia Industrial Correctional Center.
5.

The Complaint is DEEMED filed.

6.

Clark’s Complaint is DISMISSED, with prejudice, for failure to state a claim,

pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for the reasons stated in the Court’s Memorandum.
7.

The Clerk of Court shall CLOSE this case.

BY THE COURT:
/s/ Nitza I. Quiñones Alejandro
NITZA I. QUIÑONES ALEJANDRO
Judge, United States District Court