Hill et ux v. Harry et al

Filing 12

ORDER - In accord with the accompanying Memorandum 11 : 1. Pltfs mtns for leave to proceed ifp 8 and 10 are Granted;2. Pltf Dwayne Hill shall pay the full filing fee of $350.00, based on the financial information provided in the application to proceed ifp. The full filing fee shall be paid regardless of the outcome of the litigation;3. Pursuant to 28 U.S.C. § 1915(b)(1) and (2), the Superintendent/Warden, or other appropriate official at Pltf Dwayne Hills place of confinement is d irected to deduct fees as directed in this order:4. The Clerk of Court is directed to forward a copy of this Order to the Superintendent/Warden of the institution where Pltf Dwayne Hill is presently confined;5. The complaint 1 is DEEMED FILED;6. Pl tf Donna Hills claims, are DISMISSED WITH PREJUDICE for failure to state a claim upon which relief may be granted;7. The Clerk of Court is directed to terminate Donna Hill;8. Pltf Dwayne Hills claims against Dft Harry, as well as his Eighth Amendment claims concerning the denial of medical care at SCI Camp Hill, are DISMISSED WITHOUT PREJUDICE. Pltf Dwayne Hill may file an amended complaint within (30) days of the date of this Order. If Pltf Dwayne Hill elects to file an amended complaint, Pltf is advised to adhere to the standards set forth in the FRCP and the directives set forth by this Court in its accompanying Memorandum. 9. The Clerk of Court is directed to TRANSFER Pltf Dwayne Hills claims against Dfts Sorber, Bradley, Terra, and Ste nkowski to the USDC for the ED of PA. The Clerk of Court is then directed to terminate these individuals as Dfts in the above-captioned action;10. The Clerk of Court is directed to mail Pltf a civil rights complaint form; and11. The Court will defer service of the complaint for (30) days. If Pltf Dwayne Hill fails to file an amended complaint within (30) days of the date hereof, the Court will take further steps to effect service of the original complaint upon Dft Knaub. Signed by Honorable Sylvia H. Rambo on 9/8/21. (ma)

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Case 1:21-cv-01424-SHR-EB Document 12 Filed 09/08/21 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA DONNA and DWAYNE HILL, Plaintiffs v. SUPT. HARRY., et al., Defendants : : : : : : : No. 1:21-cv-1424 (Judge Rambo) ORDER AND NOW, on this 8th day of September 2021, in accordance with the Memorandum issued concurrently with this Order, IT IS ORDERED THAT: 1. Plaintiffs’ motions for leave to proceed in forma pauperis (Doc. Nos. 8, 10) are GRANTED; 2. Plaintiff Dwayne Hill shall pay the full filing fee of $350.00, based on the financial information provided in the application to proceed in forma pauperis. The full filing fee shall be paid regardless of the outcome of the litigation; 3. Pursuant to 28 U.S.C. § 1915(b)(1) and (2), the Superintendent/Warden, or other appropriate official at Plaintiff Dwayne Hill’s place of confinement is directed to deduct an initial partial filing fee of 20% of the greater of: a. The average monthly deposits in the inmate’s prison account for the past six months, or b. The average monthly balance in the inmate’s prison account for the past six months. The initial partial filing fee shall be forwarded to the Clerk of the United States District Court for the Middle District of Pennsylvania, P.O. Box 1148, Scranton, Pennsylvania, 18501-1148, to be credited to the abovecaptioned docket number. In each succeeding month, when the amount Case 1:21-cv-01424-SHR-EB Document 12 Filed 09/08/21 Page 2 of 3 in Plaintiffs Dwayne Hill’s inmate trust fund account exceeds $10.00, the Superintendent/Warden, or other appropriate official, shall forward payments to the Clerk of Court equaling 20% of the preceding month’s income credited to Mr. Hill’s inmate trust fund account until the fees are paid. Each payment shall reference the above-captioned docket number; 4. The Clerk of Court is directed to forward a copy of this Order to the Superintendent/Warden of the institution where Plaintiff Dwayne Hill is presently confined; 5. The complaint (Doc. No. 1) is DEEMED FILED; 6. Plaintiff Donna Hill’s claims, as well as Plaintiff Dwayne Hill’s Fourteenth Amendment due process claims concerning the deprivation of personal property, are DISMISSED WITH PREJUDICE for failure to state a claim upon which relief may be granted; 7. The Clerk of Court is directed to terminate Donna Hill as a Plaintiff in the above-captioned action; 8. Plaintiff Dwayne Hill’s claims against Defendant Harry, as well as his Eighth Amendment claims concerning the denial of medical care at SCI Camp Hill, are DISMISSED WITHOUT PREJUDICE for failure to state a claim upon which relief may be granted. Plaintiff Dwayne Hill may file an amended complaint with respect to these claims within thirty (30) days of the date of this Order. If Plaintiff Dwayne Hill elects to file an amended complaint, Plaintiff is advised to adhere to the standards set forth in the Federal Rules of Civil Procedure and the directives set forth by this Court in its accompanying Memorandum. Specifically, the amended complaint must be complete in all respects. It must be a new pleading which stands by itself without reference to the original complaint or any other documents already filed. The amended complaint should set forth Plaintiff’s claims in short, concise and plain statements as required by Rule 8 of the Federal Rules of Civil Procedure. Each paragraph should be numbered. The amended complaint should specify which actions are alleged as to which defendants and sufficiently allege personal involvement of the defendant in the acts which Plaintiff Dwayne Hill claims violated his rights. Mere conclusory allegations will not set forth cognizable claims. Importantly, should Plaintiff Dwayne Hill elect to file 2 Case 1:21-cv-01424-SHR-EB Document 12 Filed 09/08/21 Page 3 of 3 an amended complaint, he must re-plead every cause of action in the amended complaint that the Court has found to be adequately pled in the current complaint because the amended complaint will supersede the original complaint. See Knight v. Wapinsky, No. 12-cv-2023, 2013 WL 786339, at *3 (M.D. Pa. Mar. 1, 2013) (stating that an amended complaint supersedes the original complaint). Because an amended complaint supersedes the original pleading, all causes of action alleged in the original complaint which are not alleged in an amended complaint are waived. Id. (citations omitted). Accordingly, Plaintiff Dwayne Hill’s amended complaint must also set forth his First Amendment retaliation and Eighth Amendment excessive force claims against Defendant Knaub should he wish to proceed upon them as well; 9. The Clerk of Court is directed to TRANSFER Plaintiff Dwayne Hill’s claims against Defendants Sorber, Bradley, Terra, and Stenkowski to the United States District Court for the Eastern District of Pennsylvania. The Clerk of Court is then directed to terminate these individuals as Defendants in the above-captioned action; 10.The Clerk of Court is directed to mail Plaintiff a civil rights complaint form; and 11.The Court will defer service of the complaint for thirty (30) days. If Plaintiff Dwayne Hill files an amended complaint, it will supersede the original complaint as set forth above. If Plaintiff Dwayne Hill fails to file an amended complaint within thirty (30) days of the date hereof, the Court will take further steps to effect service of the original complaint upon Defendant Knaub. s/ Sylvia H. Rambo United States District Judge 3

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