DOSS v. LANCASTER CITY BUREAU OF POLICE et al

Filing 9

ORDER THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED. PLAINTIFF SHALL PAY THE $350.00 FILING FEE. PLAINTIFF'S CLAIMS AGAINST ALL DEFENDANTS EXCEPT THE LANCASTER CITY BUREAU OF POLICE AND SERGEANT/DETECTIVE JOHN BURKHART ARE DISMISSED PU RSUANT TO 28 U.S.C. SEC. 1915(e). THE COMPLAINT IS TO BE FILED AGAINST DEFENDANTS LANCASTER CITY BUREAU OF POLICE AND SERGEANT/DETECTIVE JOHN BURKHART, THE SUMMONSES ARE TO ISSUE, SERVICE OF THE SUMMONS AND COMPLAINT IS TO BE MADE UPON THE DEFENDANTS BY THE U.S. MARSHAL SERVICE IN THE EVENT THAT WAIVER OF SERVICE IS NOT EFFECTED. THE CLERK OF COURT SHALL SEND A COPY OF THIS ORDER TO THE WARDEN OF S.C.I. GREENE. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 6/22/11. 6/23/11 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND WARDEN OF S.C.I. GREENE. (jpd)

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

CIVIL ACTION

DARNELL DOSS

v.
LANCASTER CITY BUREAU OF POLICE, at al.:

o

NO. 11-0178

R D E R

day of June, 2011, having considered

AND NOW, this

plaintiff's complaint and motion to proceed in forma pauperis, IT
IS HEREBY ORDERED that:
1.
2.

Leave to proceed in forma pauperis is GRANTED;
Plaintiff, Darnell Doss, #JT-8686, shall pay the filing

fee of $350 pursuant to 28 U.S.C. § 1915(b).

Based on

plaintiff's financial statement, an initial partial filing fee of
$11.60 is assessed.

The Superintendent or other appropriate

official at S.C.I. Greene, where plaintiff is presently confined,
or at any other correctional facility at which plaintiff may be
confined, is directed to deduct $11.60 from plaintiff's prisoner
account, when such funds become available, and forward that
amount to the Clerk of the United States District Court for the
Eastern District of Pennsylvania, 2609 U.S. Courthouse,
Philadelphia, PA 19106, to be credited to Civil Action No. 11­
0178.

Thereafter, until the full filing fee is paid, the

Superintendent or other appropriate official at S.C.I. Greene or
at any prison at which plaintiff may be confined, shall deduct
from plaintiff's account, each time that plaintiff's prisoner
account exceeds $10, an amount no greater than 20 percent of the
money credited to his account during the preceding month and

forward that amount to the Clerk of Court at the address provided
above to be credited to Civil Action No. 11-0178.
3.

Plaintiff's claims against all of the defendants except

the Lancaster City Bureau of Police and Sergeant/Detective John
Burkhart are DISMISSED pursuant to 28 U.S.C.
4.

§

1915(e}.

The complaint is to be filed against the Lancaster City

Bureau of Police and sergeant/Detective John Burkhart, the
summonses are to issue, service of the summons and complaint is
to be made upon the defendants by the U.S. Marshals Service in
the event that waiver of service is not effected under
Fed.R.Civ.P. 4(d} (2).

To effect waiver of service the Clerk of

Court is specially appointed to serve written waiver requests on
the defendants.

The waiver of service requests shall be

accompanied by a copy of the complaint and shall inform the
defendants of the consequences of compliance and of failure to
comply with the requests.

The requests shall allow the

defendants at least 30 days from the date they are sent (60 days
if addressed outside any judicial district of the United States)
to return the sigced waivers.

If a signed waivez is not returned

within the time limit given, the Clerk of Court's office shall
transmit the summons and a copy of the complaint to the U.s.
Marshals Service for immediate service under Fed.R.Civ.P.
4(c) (1), and a copy of this Order is to be directed to all
parties.
5.

All original pleadings and other papers submitted for

consideration to the Court in this case are to be filed with the
Clerk of this Court.

Copies of papers filed in this Court are to

be served upon counsel for all other parties (or directly on any
party acting

~ ~).

Service may be by mail.

Proof that

service has been made is provided by a certificate of service.
This certificate should be filed in the case along with the
original papers and should show the day and manner of service.
An example of a certificate of service by mail follows:
"I,

(name)

, do hereby certify

that a true and correct copy of the
foregoing (name of pleading or other
paper) has been served upon (name(s)
of person(s) served) by placing the same
in the U.S. Mail, properly addressed,
this (date) day of

(month)

, (year).

(Signature)"

If any pleading or other paper submitted for filing does not

include a eert::i£:icate of service- upon the opporing party or
counsel for opposing party, it may be disregarded by the Court.
6.

Any request for court action shall be set forth in a

motion, properly filed and served.

The parties shall file all

motions, including proof of service upon opposing parties, with
the Clerk of Court.

The Federal Rules of Civil Procedure and

local rules are to be followed.

Plaintiff is specifically

directed to comply with Local Civil Rule 7.1 and serve and file a
proper response to all motions within fourteen (14) days.

Failure to do so may result in dismissal of this action.
7.

Plaintiff is specifically directed to comply with Local

Rule 26.1(f) which provides that

II

[n]o motion or other

application pursuant to the Federal Rules of Civil Procedure
governing discovery or pursuant to this rule shall be made unless
it contains a certification of counsel that the parties, after
reasonable effort, are unable to resolve the dispute."

Plaintiff

shall attempt to resolve any discovery disputes by contacting
defendant's counsel directly by telephone or through
correspondence.
S.

No direct communication is to take place with the

District Judge or United States Magistrate Judge with regard to
this case.

All relevant information and papers are to

b~

directed to the Clerk of Court.
9.

In the event a summons is returned unexecuted, it is

plaintiff's responsibility to ask the Clerk of the Court to issue
an alias summons and to provide the Clerk of Court with the
defendant's correct address, so that service can be made.
10.

The parties should nottty tlle Clerk of Court's Office

when there is an address change.

Failure to do so could result

in court orders or other information not being timely delivered,
which could affect the parties' legal rights.
11.

The Clerk of Court is directed to send a copy of this

order to the Superintendent of S.C.I. Greene.
BY THB COURT:

/:··~s-c~(k::::.~~~~
MITCHELL S. GOLDBERG I

J ,

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