ELLIS v. PRIME CARE MEDICAL, INC. et al

Filing 6

MEMORANDUM AND ORDER THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED AS OUTLINED HEREIN. CLERK OF COURT IS DIRECTED TO SEND A COPY OF THIS ORDER TO WARDEN OF LEHIGH COUNTY JAIL. COMPLAINT DEEMED FILED. COMPLAINT IS DISMISSED WITH PREJUDICE. CLERK OF COURT SHALL CLOSE CASE. SIGNED BY DISTRICT JUDGE JOHN M. YOUNGE ON 1/3/25. 1/3/25 ENTERED AND COPIES NOT MAILED TO PRO SE. (rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DIMITRIUS BASHIR ELLIS,
Plaintiff,
v.
PRIME CARE MEDICAL, INC., et al.,
Defendants.

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CIVIL ACTION NO. 24-CV-6741

ORDER
AND NOW, this 3rd day of January, 2025, upon consideration of Plaintiff Dimitrius
Bashir Ellis’s Motion to Proceed In Forma Pauperis (ECF No. 1), Prisoner Trust Fund Account
Statement (ECF No. 3), and pro se Complaint (ECF No. 2), it is ORDERED that:
1.

Leave to proceed in forma pauperis is GRANTED pursuant to 28 U.S.C. § 1915.

2.

Dimitrius Bashir Ellis, #196573, shall pay the full filing fee of $350 in

installments, pursuant to 28 U.S.C. § 1915(b), regardless of the outcome of this case. The Court
directs the Warden of Lehigh County Jail or other appropriate official to assess an initial filing
fee of 20% of the greater of (a) the average monthly deposits to Ellis’s inmate account; or (b) the
average monthly balance in Ellis’s inmate account for the six-month period immediately
preceding the filing of this case. The Warden 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 Ellis’s inmate
trust fund account exceeds $10.00, the Warden or other appropriate official shall forward
payments to the Clerk of Court equaling 20% of the preceding month’s income credited to Ellis’s
inmate account until the fees are paid. Each payment 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 Warden of

Lehigh County Jail.
4.

The Complaint is DEEMED filed.

5.

Ellis’s 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.
6.

The Clerk of Court shall CLOSE this case.

BY THE COURT:
/s/ John Milton Younge
JOHN M. YOUNGE, J.

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