PRICE v. FEDERAL BUREAU OF INVESTIGATION ET, AL. et al

Filing 7

ORDER THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED PURSUANT TO 28 U.S.C. SEC. 1915. MAURICE MARTIN PRICE SHALL PAY THE FULL FILING FEE OF $350 IN INSTALLMENTS, REGARDLESS OF THE OUTCOME OF THIS CASE, ETC. THE CLERK OF COURT IS DIRECTED TO SEND A COPY OF THIS ORDER TO THE SUPERINTENDENT OF SCI PHOENIX. THE COMPLAINT IS DEEMED FILED. PRICE'S COMPLAINT IS DISMISSED WITH PREJUDICE AS FRIVOLOUS PURSUANT TO 28 U.S.C. SEC. 1915(e)(2)(B)(i), FOR THE REASONS STATED IN THE COURT'S MEM ORANDUM. PRICE'S MOTION FOR APPOINTMENT OF COUNSEL (ECF NO. 5) IS DENIED. THE CLERK OF COURT SHALL CLOSE THIS CASE. SIGNED BY HONORABLE GERALD J. PAPPERT ON 7/30/20. 7/30/20 ENTERED AND COPIES NOT MAILED TO PRO SE PLFF AND SUPERINTENDENT OF SCI-PHOENIX.(kw, )

Case 5:20-cv-03015-GJP Document 7 Filed 07/30/20 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MAURICE MARTIN PRICE,
Plaintiff,
v.
FEDERAL BUREAU OF
INVESTIGATION, et al.,
Defendants.

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CIVIL ACTION NO. 20-CV-3015

ORDER
AND NOW, this 30thday of July, 2020, upon consideration of Plaintiff Maurice
Martin Price s Motion to Proceed In Forma Pauperis (ECF No. 1), Prisoner Trust Fund
Account Statement (ECF No. 2), Complaint (ECF No. 3), and Motion for Appointment of
Counsel (ECF No. 5), it is ORDERED that:
1.

Leave to proceed in forma pauperis is GRANTED pursuant to 28 U.S.C. §

2.

Maurice Martin Price, #NY-2168, shall pay the full filing fee of $350 in

1915.

installments, pursuant to 28 U.S.C. § 1915(b), regardless of the outcome of this case.
The Court directs the Superintendent of SCI Phoenix or other appropriate official to
assess an initial filing fee of 20% of the greater of (a) the average monthly deposits to
Price s inmate account; or (b) the a erage monthl balance in Price s inmate account for
the six-month period immediately preceding the filing of this case. The Superintendent
or other appropriate official shall calculate, collect, and forward the initial payment
assessed pursuant to this Order to the Court with a reference to the docket number for
this case. In each succeeding month when the amount in Price s inmate trust fund
account exceeds $10.00, the Superintendent or other appropriate official shall forward

Case 5:20-cv-03015-GJP Document 7 Filed 07/30/20 Page 2 of 2

pa ments to the Clerk of Court equaling 20% of the preceding month s income credited
to Price s inmate account until the fees are paid. Each pa ment shall refer to the
docket number for this case.
3.

The Clerk of Court is directed to SEND a copy of this Order to the

Superintendent of SCI Phoenix.
4.
5.

The Complaint is DEEMED filed.
Price s Complaint is DISMISSED WITH PREJUDICE as frivolous,

pursuant to 28 U.S.C. § 1915(e)(2)(B)(i), for the reasons stated in the Court s
Memorandum.
6.

Price s Motion for Appointment of Counsel (ECF No. 5) is DENIED.

7.

The Clerk of Court shall CLOSE this case.
BY THE COURT:
/s/ Gerald J. Pappert
GERALD J. PAPPERT, J.