Miller v. Luzerne County Dept. of Corrections et al

Filing 14

ORDER (memorandum filed previously as separate docket entry) - Pltf's application for leave to proceed ifp (Doc. 2) is granted. Pltf must, and has agreed to, pay the full $350.00 filing fee regardless of the outcome of the litigation. The S uperintendent/Warden, or other appropriate official atPltfs place of confinement is directed to deduct an initial partial filing fee of 20% (see Order for details). The Clerk of Court is directed to send a copy of this Order to the Superintenden t/Warden of the institution wherein Pltfis presently confined. Mr. Millers claims against the Luzerne County Dept ofCorrections, the PSPs PREA Administration, and the Luzerne County District Attorneys Office are dismissed. Mr. Millers claims against CO Flynn and Trooper Kosakevitch are dismissed. Mr. Millers PREA claim is dismissed. W/in 21 days, Mr. Miller may file an amended complaint setting forth his claimsagainst CO Flynn, Trooper Kosakevitch and others involved in the April 2016 strip sear ch and the issuance of retaliatory false misconducts against him.The Clerk of Court shall forward to Pltf 2 copies of this Courts prisoner civil-rights complaint form which Mr. Miller shall use in preparing any amended complaint he may file. See Order for further details.Signed by Honorable A. Richard Caputo on 3/5/19. (ao)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JOSHUA S. MILLER,
Plaintiff
v.
LUZERNE COUNTY DEPT. of
CORRECTIONS, et al.,
Defendants

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CIVIL ACTION NO. 3:18-CV-0858
(Judge Caputo)

ORDER
AND NOW, this 5th day of MARCH 2019, in accordance with the accompanying
Memorandum issued this date, it is ORDERED that:
1.

Mr. Miller’s application for leave to proceed in forma
pauperis (ECF No. 2) is granted.

2.

Plaintiff must, and has agreed to, pay the full $350.00 filing
fee regardless of the outcome of the litigation. (ECF No. 3).

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.
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 above-captioned docket
number. In each succeeding month, when the amount in the
Plaintiff’s inmate prison 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 prison

account until the $350.00 fee is 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 wherein Plaintiff
is presently confined.

5.

Mr. Miller’s claims against the Luzerne County Department
of Corrections, the PSP’s PREA Administration, and the
Luzerne County District Attorney’s Office are dismissed.

6.

Mr. Miller’s claims against
Kosakevitch are dismissed.

7.

Mr. Miller’s PREA claim is dismissed.

8.

Within twenty-one (21) days from the date of this Order, Mr.
Miller may file an amended complaint setting forth his claims
against CO Flynn, Trooper Kosakevitch and others involved
in the April 2016 strip search and the issuance of retaliatory
false misconducts against him.

9.

The Clerk of Court shall forward to Plaintiff two (2) copies of
this Court’s prisoner civil-rights complaint form which Mr.
Miller shall use in preparing any amended complaint he may
file.

10.

Should Plaintiff fail to file a timely amended complaint, the
action shall proceed exclusively on his strip search and
retaliation claims against the remaining defendants: Larsen,
Orkwis, Damagauer, Rostkowski, Renfer, McCafferty, Ms.
Kate and CO Pokninchack.

11.

Plaintiff shall maintain on file with the Clerk of Court a
current address. See M.D. Pa. LR 83.18. If the Court is
unable to communicate with the Plaintiff because the Plaintiff
has failed to notify the Court of his address, the Plaintiff will
be deemed to have abandoned his lawsuit.

CO

Flynn

and

Trooper

/s/ A. Richard Caputo
A. RICHARD CAPUTO
United States District Judge

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