GRANT v. BALDWIN et al

Filing 2

MEMORANDUM AND ORDER THAT THE PETITION IS DENIED WITHOUT PREJUDICE TO ITS REASSERTION IN ACCORDANCE WITH THE TERMS OF THIS ORDER; IF PLFF. FILES WITH THE COURT WITHIN TWENTY (20) DAYS FROM THE DATE OF THIS ORDER A NOTICE THAT HE WISHES TO PROCEED WIT H THIS ACTION AND THEREBY OBLIGATE HIMSELF TO PAY THE $350 FILING FEE, THIS ACTION WILL BE REINSTATED; THE CLERK OF COURT SHALL CLOSE THIS CASE STATISTICALLY.. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 6/15/11. 6/17/11 ENTERED AND COPIES MAILED TO PRO SE PETITIONER.(pr, )

IN THE UNITED STATIt3I PCfJftUCT COURT

FOR THE EASTERN DIST~t?~~PENNSYLVANIA

~UN 1 6 2~~VIL ACTION

ROGEL GRANT

MJ6~KUNZ,QerIc
Dep. Clerk

v.

By ~

MARK BALDWIN, et al.

NO. 11-3850

MEMORANDUM

AND

ORDER

Plaintiff, an inmate at USP Hazelton, seeks to bring a civil
action in forma pauperis,l without prepayment of fees or security
therefor, asserting claims pursuant to 42 U.S.C.

§

1983.

The

Prison Litigation Reform Act of 1995, Pub. L. No. 104-134, 110
Stat. 1321 (April 26, 1996)

(the "Act"), which amends 28 U.S.C.

§

1915, establishes certain financial requirements for prisoners
who are attempting to bring a civil action or file an appeal in
forma pauperis.
Under the Act, a prisoner bringing a civil action in
pauperis must pay the full amount of the $350 filing fee.
28 U.S.C.

§

1915(b) (1).

The prisoner must submit a certified

copy of his inmate trust fund account statement for the 6-month
period immediately preceding the filing of his complaint so the
Court can determine how the $350 filing fee will be paid.
U.S.C.

§

1915(a) (2).

28

The prisoner must obtain this statement

from the appropriate official of each prison at which he was or
is confined.

The Court must then "assess [the prisoner's

financial status] and, when funds exist, collect, as a partial
payment of any court fees required by law, an initial partial

lSuits brought in forma
1915.

are governed by 28 U.S.C.

§

filing fee of 20 percent of the greater of--

(A) the average

monthly deposits to the prisoner's account; or (B) the average
monthly balance in the prisoner's account for the 6-month period
immediately preceding the filing of the complaint
Based upon plaintiff's financial information, an
initial partial filing fee of $66.80 is assessed.

The Warden or

other appropriate official at USP Hazelton, or at any prison at
which plaintiff may be confined, will be directed to deduct
$66.80 from plaintiff's inmate 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.
Thereafter, each time that the balance in plaintiff's inmate
account exceeds $10, an amount no greater than 20 percent of the
money credited to plaintiff's account during the preceding month
will be deducted and forwarded to the Clerk of Court until the
filing fee is paid.
Plaintiff may not have known when he brought this
action that he must pay the filing fee, and that even if the full
filing fee, or any part of it, has been paid, the Court must
dismiss the case if it finds that the action is:
maliciouSi

(1) frivolous or

(2) fails to state a claim upon which relief may be

granted; or (3) seeks monetary relief against a defendant who is
immune from such relief.

28 U.S.C.

§

1915(e) (2) (B).

If the

Court dismisses the case for any of these reasons, the Act does
not permit the prisoner to get his filing fee back.
We shall give plaintiff twenty (20) days from the date
of this order to decide whether he wants to proceed with this

case.

If by that time, plaintiff decides not to proceed with the

case, he need not pay the $350 filing fee.
Accordingly, it is, this

t~h

day of June, 2011, hereby

ORDERED that:
1.

The petition is DENIED WITHOUT PREJUDICE to its

reassertion in accordance with the terms of this order;
2.

If plaintiff files with the Court within twenty

(20) days from the date of this order a notice that he wishes to
proceed with this action and thereby obligate himself to pay the
$350 filing fee, this action will be reinstated; and
3.
statistically.

The Clerk of Court shall CLOSE this case