MCCANN v. KAGBO et al

Filing 3

ORDER THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED. PLAINTIFF SHALL PAY THE $350.00 FILING FEE IN INSTALLMENTS. THE CLERK OF COURT SHALL SEND A COPY OF THIS ORDER TO THE SUPERINTENDENT OF SCI MAHANOY. THE COMPLAINT IS DISMISSED WITH PREJUD ICE FOR FAILURE TO STATE A CLAIM FOR THE REASONS STATE IN THIS COURT'S MEMORANDUM. THE CLERK OF COURT SHALL CLOSE THIS CASE. SIGNED BY HONORABLE GENE E.K. PRATTER ON 12/17/14. 12/17/14 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND FAXED TO SUPERINTNEDENT OF SCI MAHANOY. (jpd)

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

KENNETH JOSEPH MCCANN

v.
NO. 14-6949

ABDUL KAGBO, et al.
ORDER

AND NOW, fuis ;&,--!£;of December, 2014, upon consideration ofplaintiffKennefu
Joseph McCann's motion to proceed informa pauperis and his prose complaint, it is
ORDERED that:
1.

Leave to proceed informa pauperis is GRANTED.

2.

Plaintiff Kenneth Joseph McCann, #LG-6827, shall pay the full filing fee of $350

in installments, pursuant to 28 U.S.C. § 1915(b). Based on the financial information provided by
Mr. McCann, an initial partial filing fee of $9.24 is assessed. The Superintendent or other
appropriate official at the State Correctional Institution at Mahanoy or at any other prison at
which Mr. McCann may be incarcerated is directed to deduct $9.24 from Mr. McCann's inmate
trust fund 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, 601 Market Street,
Room 2609, Philadelphia, PA 19106, to be credited to Civil Action No. 14-6949. After the
initial partial filing fee is collected and until the full filing fee is paid, the Superintendent or other
appropriate official at the State Correctional Institution at Mahanoy or at any other prison at
which Mr. Mccann may be incarcerated, shall deduct from Mr. McCann's account, each time
that Mr. McCann'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 Court at the address provided above to be credited to Civil Action No. 14-6949.
3.

The Clerk of Court is directed to send a copy of this order to the Superintendent

of the State Correctional Institution at Mahanoy.
4.

The complaint is DISMISSED with 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.
5.

The Clerk of Court shall CLOSE this case.