LEBRON v. EASON et al

Filing 6

ORDER PLAINTIFFS MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS (DI 1) IS GRANTED PURSUANT TO 28 U.S.C. § 1915. JOSE LEBRON, #NNY-7163, SHALL PAY THE FULL FILING FEE OF $350 IN INSTALLMENTS, PURSUANT TO 28 U.S.C. § 1915(B), REGARDLESS O F THE OUTCOME OF THIS CASE. THE COMPLAINT IS DEEMED FILED. THE COMPLAINT IS DISMISSED IN PART WITH PREJUDICE AND DISMISSED IN PART WITHOUT PREJUDICE FOR FAILURE TO STATE A CLAIM PURSUANT TO 28 U.S.C. § 1915(E)(2)(B)(II) FOR THE REASONS STATED I N THE COURTS MEMORANDUM, AS FOLLOWS: THE OFFICIAL CAPACITY CLAIMS ARE DISMISSED WITH PREJUDICE. THE BALANCE OF THE COMPLAINT IS DISMISSED WITHOUT PREJUDICE.MR. LEBRON MAY FILE AN AMENDED COMPLAINT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER. AN Y 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. LEBRONS CLAIMS AGAINST EACH DEFENDANT. IF MR. LEBRON FAIL S TO FILE ANY RESPONSE TO THIS ORDER, THE COURT WILL CONCLUDE THAT MR. LEBRON INTENDS TO STAND ON HIS COMPLAINT AND WILL ISSUE A FINAL ORDER DISMISSING THIS CASE SIGNED BY DISTRICT JUDGE JOHN F MURPHY ON 6/5/24. 6/5/24 ENTERED AND COPIES MAILED TO PRO SE W/ COMPLAINT FORMS.(bw)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JOSE LEBRON,
Plaintiff,
v.
SUPERINTENDENT KENNETH
EASON, et al.,
Defendants.

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CIVIL ACTION

NO. 24-1284

ORDER
AND NOW, this 5th day of June 2024, upon consideration of plaintiff Jose Lebron’s
motion to proceed in forma pauperis (DI 1), his Prisoner Trust Fund Account Statement (DI 3),
and his pro se Complaint (DI 2), it is ORDERED:
1.

Plaintiff’s motion for leave to proceed in forma pauperis (DI 1) is GRANTED

pursuant to 28 U.S.C. § 1915.
2.

Jose Lebron, #NNY-7163, 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 Forest or other appropriate official to assess an initial filing fee of 20% of
the greater of (a) the average monthly deposits to Mr. Lebron’s inmate account; or (b) the
average monthly balance in Mr. Lebron’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 Mr.
Lebron’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 Mr. Lebron’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 Forest.
4.

The Complaint is DEEMED filed.

5.

The Complaint is DISMISSED IN PART WITH PREJUDICE and

DISMISSED IN PART WITHOUT 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, as follows:
a. The official capacity claims are DISMISSED WITH PREJUDICE.
b. The balance of the Complaint is DISMISSED WITHOUT PREJUDICE.
6.

Mr. Lebron may file an amended complaint within thirty (30) days of the date of

this Order. 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. Lebron’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. Lebron 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
so ORDERED by the Court.
7.

The Clerk of Court is DIRECTED to send Mr. Lebron a blank copy of the

Court’s form complaint for a prisoner filing a civil rights action bearing the above civil action
number. Mr. Lebron may use this form to file his amended complaint if he chooses to do so.
8.

If Mr. Lebron 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
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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. See Weber v. McGrogan, 939 F.3d 232 (3d Cir.
2019) (“If the plaintiff does not desire to amend, he may file an appropriate notice with the
district court asserting his intent to stand on the complaint, at which time an order to dismiss the
action would be appropriate.” (quoting Borelli v. City of Reading, 532 F.2d 950, 951 n.1 (3d Cir.
1976)).
9.

If Mr. Lebron fails to file any response to this Order, the Court will conclude that

Mr. Lebron intends to stand on his Complaint and will issue a final order dismissing this case. 1
See Weber, 939 F.3d at 239-40 (explaining that a plaintiff’s intent to stand on his complaint may
be inferred from inaction after issuance of an order directing him to take action to cure a
defective complaint).

__________________________
MURPHY, J.

1

The six-factor test announced in Poulis v. State Farm Fire & Casualty Co., 747 F.2d
863 (3d Cir. 1984), is inapplicable to dismissal orders based on a plaintiff’s intention to stand on
his complaint. See Weber, 939 F.3d at 241 & n.11 (treating the “stand on the complaint”
doctrine as distinct from dismissals under Federal Rule of Civil Procedure 41(b) for failure to
comply with a court order, which require assessment of the Poulis factors); see also Elansari v.
Altria, 799 F. App’x 107, 108 n.1 (3d Cir. 2020) (per curiam). Indeed, an analysis under Poulis
is not required when a plaintiff willfully abandons the case or makes adjudication impossible, as
would be the case when a plaintiff opts not to amend his complaint, leaving the case without an
operative pleading. See Dickens v. Danberg, 700 F. App’x 116, 118 (3d Cir. 2017) (per curiam)
(“Where a plaintiff’s conduct clearly indicates that he willfully intends to abandon the case, or
where the plaintiff's behavior is so contumacious as to make adjudication of the case impossible,
a balancing of the Poulis factors is not necessary.”); Baker v. Accounts Receivables Mgmt., Inc.,
292 F.R.D. 171, 175 (D.N.J. 2013) (“[T]he Court need not engage in an analysis of the
six Poulis factors in cases where a party willfully abandons her case or otherwise makes
adjudication of the matter impossible.” (citing cases).

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