BUTLER v. BERKS COUNTY JUDICIAL SYSTEM et al

Filing 4

ORDER THAT WE GRANT PLFF'S MOTION (ECF DOC. NO. 1) TO PROCEED IN FORMA PAUPERIS; THE CLERK OF COURT IS DIRECTED TO SEND A COPY OF THIS ORDER TO THE WARDEN AT THE BERKS COUNTY JAIL; WE DISMISS THE COMPLAINT FOR FAILURE TO PLEAD A CLAIM UNDER 28 USC, SECTION 1915(e)(2)(B)(ii) WITH LEAVE TO FILE AN AMENDED COMPLAINT AS TO POSSIBLE RESPONSIBLE PARTIES NO LATER THAN 5/4/18.. SIGNED BY HONORABLE MARK A. KEARNEY ON 4/3/18. 4/3/18 ENTERED AND COPIES MAILED TO PRO SE PLFF. (pr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JOSHUA ANTHONY JAMES BUTLER
v.

CIVIL ACTION

N0.18-1275

BERKS COUNTY JUDICIAL SYSTEM,
et al.

ORDER
AND NOW, this 3rd day of April 2018, upon considering pro se Plaintiffs Motion to
proceed informa pauperis (ECF Doc. No. 1), his prose Complaint (ECF Doc. No. 1-1) and for
reasons in the accompanying Memorandum, it is ORDERED:
1.

We GRANT Plaintiffs Motion (ECF Doc. No. 1) to proceed informa pauperis;

2.

Joshua Anthony James Butler, #2015-0464, shall pay the full filing fee of $350 in

installments under 28 U.S.C. § 1915(b). Based on his financial information, he is not assessed
an initial partial filing fee. In each month when the amount in his inmate trust fund account
exceeds $10.00, the Warden of the Berks County Jail or other appropriate official shall forward
payments to the Clerk of Court equaling 20% of the preceding month's income credited to Mr.
Butler's inmate trust fund account until the fees are paid. Each payment shall reference this
docket number, Civil Action No. 18-1275.
3.

The Clerk of Court is directed to send a copy of this Order to the Warden at the

Berks County Jail.
4.

We DISMISS the Complaint for failure to plead a claim under 28 U.S.C. §

1915(e)(2)(B)(ii) with leave to file an amended complaint as to possible responsible parties no

later than May 4, 2018 identifying each defendant in the caption and pleading how each
defendant violated his constitutional rights.
5.

If Mr. Butler fails to timely file an amended complaint under this Order, we may

dismiss his case for failure to prosecute without further notice.

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