IN RE: JOSEPH EUGENE MANDER III

Filing 13

ORDER THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED PURSUANT TO 28 U.S.C. § 1915. 2. JOSEPH EUGENE MANDER, III, #NS-4160, SHALL PAY THE FULL FILING FEE OF $350 IN INSTALLMENTS, PURSUANT TO 28 U.S.C. § 1915(B), REGARDLESS OF THE O UTCOME OF THIS CASE. THE COURT DIRECTS THE SUPERINTENDENT OF SCI HOUTZDALE OR OTHER APPROPRIATE OFFICIAL TO ASSESS AN INITIAL FILING FEE OF 20% OF THE GREATER OF (A) THE AVERAGE MONTHLY DEPOSITS TO MANDERS INMATE ACCOUNT; OR (B) THE AVERAGE MONT HLY BALANCE IN MANDERS 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 T O THE COURT WITH A REFERENCE TO THE DOCKET NUMBER FOR THIS CASE. IN EACH SUCCEEDING MONTH WHEN THE AMOUNT IN MANDERS INMATE TRUST FUND ACCOUNT EXCEEDS $10.00, THE SUPERINTENDENT OR OTHER APPROPRIATE OFFICIAL SHALL FORWARD PAYMENTS TO THE CLERK O F COURT EQUALING 20% OF THE PRECEDING MONTHS INCOME CREDITED TO MANDERS 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 SU PERINTENDENT OF SCI HOUTZDALE. 4. THIS CASE IS DEEMED FILED. 5. THE SECOND AMENDED COMPLAINT IS DISMISSED WITHOUT LEAVE TO AMEND FOR THE REASONS STATED IN THE COURTS MEMORANDUM AS FOLLOWS: A. CLAIMS BROUGHT ON BEHALF OF OTHERS ARE DISMISSED WITHOUT P REJUDICE; B. MANDERS CLAIMS ARE DISMISSED WITH PREJUDICE FOR FAILURE TO STATE A CLAIM, PURSUANT TO 28 U.S.C. § 1915(E)(2)(B)(II). 6. THE CLERK OF COURT SHALL CLOSE THIS CASE. SIGNED BY DISTRICT JUDGE MIA ROBERTS PEREZ ON 5/10/24. 5/10/24 ENTERED AND COPIES E-MAILED TO SUPERINTENDENT. *NOT MAILED TO PLAINTIFF.(jaa, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JOSEPH EUGENE MANDER, III,
Plaintiff,

:
:
:
v.
:
:
CENTRAL INTELLIGENCE AGENCY, :
Defendant.
:

CIVIL ACTION NO. 24-CV-0773

ORDER
AND NOW, this 10th day of May, 2024, upon consideration of Joseph Eugene Mander,
III’s Motion to Proceed In Forma Pauperis (ECF No. 4), Prisoner Trust Fund Account Statement
(ECF No. 9), and Second Amended Complaint (ECF No. 7), it is ORDERED that:
1.

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

2.

Joseph Eugene Mander, III, #NS-4160, 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 Superintendent of SCI Houtzdale or other appropriate official to assess an initial filing
fee of 20% of the greater of (a) the average monthly deposits to Mander’s inmate account; or (b)
the average monthly balance in Mander’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
Mander’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 Mander’s 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 Houtzdale.
4.

This case is DEEMED filed.

5.

The Second Amended Complaint is DISMISSED without leave to amend for the

reasons stated in the Court’s Memorandum as follows:
a. Claims brought on behalf of others are DISMISSED WITHOUT
PREJUDICE;
b. Mander’s claims are DISMISSED WITH PREJUDICE for failure to state a
claim, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).
6.

The Clerk of Court shall CLOSE this case.
BY THE COURT:

HON. MIA R. PEREZ