WILLIAMS v. WOOD et al

Filing 22

ORDER THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED. THE CLERK OF COURT IS DIRECTED TO SEND A COPY OF THIS ORDER TO THE SUPERINTENDENT OF SCI COAL TOWNSHIP. THE COMPLAINT IS DEEMED FILED. FOR THE REASONS STATED IN THE COURT'S MEMORANDUM, PL AINTIFF'S COMPLAINT IS DISMISSED WITH PREJUDICE. ALL STATE LAW CLAIMS ARE DISMISSED WITHOUT PREJUDICE FOR LACK OF SUBJECT MATTER JURISDICTION. WILLIAM'S REQUEST FOR DEFAULT (DOC. NO. 17) IS DENIED AS MOOT. WILLIAM'S MOTION TO AMEND THE AMOUNT OF COMPENSATION (DOC. NO. 18) IS DENIED AS MOOT. THE CLERK OF COURT SHALL CLOSE THIS CASE. SIGNED BY DISTRICT JUDGE KAREN S. MARSTON ON 11/22/2024. 11/22/2024 ENTERED AND COPIES MAILED TO PRO SE AND FAXED TO SUPERINTENDENT OF SCI COAL TOWNSHIP.(ahf)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JEROME WILLIAMS,
Plaintiff,
v.
STEFAN WOOD, JR., et al.,
Defendants.

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CIVIL ACTION NO. 24-CV-3263

ORDER
AND NOW, this 22nd day of November, 2024, upon consideration of Plaintiff Jerome
Williams’s Motion to Proceed In Forma Pauperis (Doc. No. 4), Prisoner Trust Fund Account
Statement (Doc. No. 5), pro se Complaint (Doc. No. 1), Amended Compensation (Doc. No. 14),
Request for Default (Doc. No. 17), and Motion to Amend the Amount of Compensation (Doc.
No. 18) it is ORDERED that:
1.

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

2.

Jerome Williams, #LF-4307, 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 Coal Township or other appropriate official to assess an initial filing fee
of 20% of the greater of (a) the average monthly deposits to Williams’s inmate account; or
(b) the average monthly balance in Williams’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 Williams’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 Williams’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 Coal Township.
4.

The Complaint is DEEMED filed.

5.

For the reasons stated in the Court’s Memorandum, Williams’s Complaint is

DISMISSED as follows:
a. All federal claims are DISMISSED WITH PREJUDICE pursuant to 28
U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim.
b. All state law claims are DISMISSED WITHOUT PREJUDICE for lack of
subject matter jurisdiction.
6.

Williams’s request for default (Doc. No. 17) is DENIED AS MOOT.

7.

Williams’s motion to amend the amount of compensation (Doc. No. 18) is

DENIED AS MOOT.
8.

The Clerk of Court shall CLOSE this case.
BY THE COURT:
/s/Karen Spencer Marston
KAREN SPENCER MARSTON, J.

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