Abdullah v. Briggs et al

Filing 9

ORDER - IT IS HEREBY ORDERED that Plaintiff's #2 motion for leave to proceed in forma pauperis is GRANTED. The complaint is DEEMED filed. Plaintiff shall pay the full filing fee of $350.00, based on the financial information provided in the application to proceed in forma pauperis and the Prisoner Trust Fund Account Statement. The full filing fee shall be paid regardless of the outcome of the litigation. The Clerk of Court is directed to FORWARD a copy of this Order to the Superintendent/Warden of the institution wherein Plaintiff is presently confined. Plaintiff's complaint is DISMISSED without prejudice pursuant to 28 U.S.C. 1915A(b)(1) for failure to state a claim upon which relief may be granted. Within 21 days of the date of this Order, Plaintiff, if desired, may file an amended complaint in accordance with the accompanying Memorandum. Plaintiff's #6 motion to appoint counsel is DISMISSED. (See Order for further details.) Signed by Chief Judge Matthew W. Brann on 3/27/2024. (ea)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
TAJI A. ABDULLAH,

No. 4:24-CV-00225

Plaintiff,

(Chief Judge Brann)

v.
GREGORY BRIGGS, et al.,
Defendants.
ORDER
AND NOW, this 27th day of March 2024, in accordance with the
accompanying Memorandum, IT IS HEREBY ORDERED that:
1.

Plaintiff’s motion (Doc. 2) for leave to proceed in forma pauperis is
GRANTED.

2.

The complaint is DEEMED filed.

3.

Plaintiff shall pay the full filing fee of $350.00, based on the financial
information provided in the application to proceed in forma pauperis
and the Prisoner Trust Fund Account Statement. The full filing fee
shall be paid regardless of the outcome of the litigation.

4.

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 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.
5.

The Clerk of Court is directed to FORWARD a copy of this Order to
the Superintendent/Warden of the institution wherein Plaintiff is
presently confined.

6.

Plaintiff’s complaint is DISMISSED without prejudice pursuant to 28
U.S.C. § 1915A(b)(1) for failure to state a claim upon which relief
may be granted.

7.

Within 21 days of the date of this Order, Plaintiff, if desired, may file
an amended complaint in accordance with the accompanying
Memorandum.

8.

If an amended complaint is not timely filed, dismissal of Plaintiff’s
complaint will automatically convert to dismissal with prejudice and
the Court will CLOSE this case.

9.

Plaintiff’s motion (Doc. 6) to appoint counsel is DISMISSED as
moot in light of paragraph 6 above.
BY THE COURT:

s/ Matthew W. Brann
Matthew W. Brann
Chief United States District Judge

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