GUERRISI v. BERK'S COUNTY JAIL SYSTEM et al

Filing 6

ORDERED 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 THE WARDEN OF THE BERKS COUNTY JAIL SYATEM. PLAINTIFF'S COMPLAINT IS DISMISSED WITHOUT PREJUDICE FOR FAILURE TO STATE A CLAIM FOR THE REASONS SATED IN THE COURT'S MEMORANDUM OF THE SAME DATE. PLAINTIFF IS GIVEN LEAVE TO FILE AN AMENDED COMPLAINT. UPON THE FILING OF AN AMENDED COMPLAINT THE CLERK OF COURT SHALL NOT MAKE SERVICE UNTIL SO ORDERED BY THE COURT. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 4/16/18. 4/17/18 ENTERED AND COPIES MAILED TO PRO SE AND FAXED TO WARDEN OF BERKS COUNTY JAIL SYSTEM.(jpd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DOMONIC ANTONIO GUERRISI,
Plaintiff,

CIVIL ACTION

v.
BERKS COUNTY JAIL SYSTEM, et al,:
Defendants.

v

b

AND NOW, this/

FILED

NO. 18-1530

ORDER

APR 16 2018
KATE BARKMAN, aem
BY,
~.a.

day of April, 2018, upon consideration of Mr. Guerrisi's Motion

for Leave to Proceed In Forma Pauperis (ECF No. 1), his Prisoner Trust Fund Account
Statement (ECF No. 3), and his prose Complaint (ECF No. 2), it is ORDERED that:
1.

Leave to proceed informapauperis is GRANTED pursuant to 28 U.S.C. § 1915.

2.

Plaintiff, Domonic Antonio Guerrisi, #2017-1930, shall pay the full filing fee of

$350.00 in installments, pursuant to 28 U.S.C. § 1915(b). Based on the financial information
provided by Mr. Guerrisi, he is not assessed an initial partial filing fee. In each month when the
amount in Mr. Guerrisi's inmate trust fund account exceeds $10.00, the Warden of the Berks
County Jail System shall forward payments to the Clerk of Court equaling 20% of the preceding
month's income credited to Mr. Guerrisi's inmate trust fund account until the fees are paid. Each
payment shall reference the docket number for this case, Civil Action No. 18-1530.
3.

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

the Berks County Jail System.
4.

Mr. Guerrisi's Complaint is DISMISSED without 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 with the exception of Mr. Guerrisi's claims against Slododzian.

5.

Mr. Guerrisi is given leave to file an amended complaint within thirty (30) days of

the date of entry of this Order. If Mr. Guerrisi files an amended complaint, he shall name all
defendants in the caption of the amended complaint. Any individual or entity that is not listed in
the caption will not be treated as a defendant. The amended complaint must also provide as
much identifying information for the defendants as possible.

Mr. Guerrisi may refer to a

defendant by last name only if that is the only identifying information possessed. If Mr. Guerrisi
wishes to name individuals for whom he does not have any identifying information, he may refer
to those individuals as John Doe #1, John Doe #2, etc. The amended complaint must also
describe how each defendant, including any John Doe or Jane Doe defendants, were responsible
for violating Mr. Guerrisi's rights. If Mr. Guerrisi does not file an amended complaint, the Court
will direct service of his initial Complaint on Slododzian only. If Mr. Guerrisi files an amended
complaint, the Clerk shall not make service until so ORDERED by the Court.
BY THE COURT: