HESTER v. ALLENTOWN POLICE DEPARTMENT et al

Filing 5

ORDER THAT PLAINTIFF'S MOTION TO PROCEED IN FORMA PAUPERIS IS GRATNED. PLAINTIFF SHALL PAY IN INSTALLMENTS THE $350.00 FILING FEE. PLAINTIFF'S COMPLAINT IS DISMISSED WITHOUT PREJUDICE FOR THE REASONS DISCUSSED IN THIS COURT'S MEMO RANDUM. PLAINTIFF IS GIVEN LEAVE TO FILE AN AMENDED COMPLAINT WITHIN SIXTY (60) DAYS OF THE DATE OF THIS ORDER. UPON THE FILING OF AN AMENDED COMPLAINT THE CLERK SHALL NOT MAKE SERVICE UNTIL SO ORDERD BY THE COURT. THE CLERK SHALL SEND A COPY OF THIS ORDER TO THE WARDEN OF THE LEHIGH COUNTY PRISON. THIS CASE SHALL REMAIN CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 8/21/13. 8/22/13 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND FAXED TO WARDEN OF LEHIGH COUNTY PRISON.(jpd)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CIVIL ACTION

ROBERT C. HESTER
v.
ALLENTOWN POLICE DEPARTMENT, et al.
0

AND NOW, this

NO. 13-4249

R D E R

vC

;?~?Oay

of August, 2013, upon

consideration of plaintiff's complaint and his motion to proceed
in forma pauperis, IT IS ORDERED that:
1.

Plaintiff's motion to proceed in forma pauperis is

2.

Plaintiff, Robert C. Hester, #0171362, shall pay

GRANTED.

in installments the full filing fee of $350.

Based on the

financial information provided by plaintiff, he is not assessed
an initial partial filing fee.

The Warden or other appropriate

official at the Lehigh County Prison or at any other prison at
which plaintiff may be incarcerated shall deduct from plaintiff's
inmate trust fund account, each time that plaintiff's inmate
trust fund 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 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. 13-4249.
3.

Plaintiff's complaint is DISMISSED without

prejudice for the reasons discussed in the Court's Memorandum.
Plaintiff is given leave to file an amended complaint within
thirty (30) days of the date of this Order.

Upon the filing of

an amended complaint, the Clerk shall not make service until so
ORDERED by the Court.
4.

The Clerk of Court is directed to send a copy of

this order to the Warden of the Lehigh County Prison.
5.

This case shall remain CLOSED for statistical

purposes.
BY THE COURT: