Wong v. Betti et al

Filing 10

ORDER - In accord with the accompanying Memorandum 9 : 1. Pltfs mtn for leave to proceed ifp 2 is GRANTED, and the complaint 1 is DEEMED filed;2. Pltf shall pay the full filing fee of $350.00 based on the financial information provided in t he application to proceed ifp. 3. Pursuant to 28 U.S.C. § 1915(b)(1) and (2), the Superintendent/Warden or other appropriate official at Pltfs place of confinement is directed to deduct an initial partial filing fee of 20% of the greater of : See order for details: 4. The Clerk of Court is directed to SEND a copy of this Order to the Superintendent/Warden of the institution where Pltf is presently confined;5. Pltfs complaint is DISMISSED for failure to state a claim upon which relief ca n be granted pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) as follows: a. Pltfs claims against Dft Lackawanna County Jail Administration Department are DISMISSED WITH PREJUDICE. The Clerk of Court is directed to TERMINATE Dft Lackawanna County Jail Administration Department as a dft;b. Pltfs request for injunctive relief is DISMISSED WITH PREJUDICE;c. Pltfs claims against Dfts Tim Betti and WellPath are DISMISSED WITHOUT PREJUDICE;6. Pltf is GRANTED leave to file an amended complaint with respe ct to his claims brought under 42 U.S.C. § 1983 against Dfts Tim Betti and WellPath;7. Pltf shall file his amended complaint within (30) days of the date of this Order;8. The Clerk of Court is directed to mail Pltf a civil rights complaint form. and9. In the event that Pltf fails to file an amended complaint within (30) days, this action may be subject to dismissal. Signed by Honorable Sylvia H. Rambo on 9/15/22. (ma)

Case 1:22-cv-01063-SHR-SM Document 10 Filed 09/15/22 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
STEVEN WONG,
Plaintiff
v.
TIM BETTI, et al.,
Defendants

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No. 1:22-cv-01063
(Judge Rambo)

ORDER
AND NOW, on this 15th day of September 2022, upon consideration of
Plaintiff’s complaint (Doc. No. 1), motion for leave to proceed in forma pauperis
(Doc. No. 2), prisoner trust fund account statement (Doc. No. 8), and in accordance
with the accompanying Memorandum, IT IS ORDERED THAT:
1.

Plaintiff’s motion for leave to proceed in forma pauperis (Doc. No. 2)
is GRANTED, and the complaint (Doc. No. 1) is DEEMED filed;

2.

Plaintiff 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’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.

Case 1:22-cv-01063-SHR-SM Document 10 Filed 09/15/22 Page 2 of 3

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
in Plaintiff’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 Plaintiff’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 SEND a copy of this Order to the
Superintendent/Warden of the institution where Plaintiff is presently
confined;

5.

Plaintiff’s complaint is DISMISSED for failure to state a claim upon
which relief can be granted pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii)
as follows:
a. Plaintiff’s claims against Defendant Lackawanna County
Jail Administration Department are DISMISSED WITH
PREJUDICE. The Clerk of Court is directed to
TERMINATE Defendant Lackawanna County Jail
Administration Department as a defendant in this case;
b. Plaintiff’s request for injunctive relief is DISMISSED
WITH PREJUDICE;
c. Plaintiff’s claims against Defendants Tim Betti and
WellPath are DISMISSED WITHOUT PREJUDICE;

6.

Plaintiff is GRANTED leave to file an amended complaint with respect
to his claims brought under 42 U.S.C. § 1983 against Defendants Tim
Betti and WellPath;

7.

Plaintiff shall file his amended complaint within thirty (30) days of the
date of this Order;

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Case 1:22-cv-01063-SHR-SM Document 10 Filed 09/15/22 Page 3 of 3

8.

The Clerk of Court is directed to mail Plaintiff a civil rights complaint
form. Plaintiff shall title that complaint form “Amended Complaint”
and shall include the docket number for this case, 1:22-cv-01063; and

9.

In the event that Plaintiff fails to file an amended complaint within the
thirty (30) days, this action may be subject to dismissal for failure to
prosecute pursuant to Rule 41(b) of the Federal Rules of Civil
Procedure.
s/ Sylvia H. Rambo
SYLVIA H. RAMBO
United States District Judge

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