QADR v. OVERMYER et al

Filing 11

ORDER denying 9 Motion To Order Prison Accountant to provide six month inmate account statement, albeit without prejudice to Plaintiff filing a new motion properly supported by an affidavit from Plaintiff explaining what efforts he made to have t he Prison Accountant provide such six month inmate account statement. Plaintiff's new properly supported motion is due no later than September 17, 2014. Signed by Magistrate Judge Maureen P. Kelly on 9/2/2014. A copy of the Order along with this Notice of Electronic Filing are being sent to Plaintiff at his address of record via first class mail. The Court is sending Plaintiff this Order and NEF under both names of "Nur Qadr" and "Jeffrey Pratt." In addition, a copy of the order is being sent to the inmate account officer via first class mail. (tmr)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
NUR QADR,

)
)
)
vs.
)
)
MR. MICHEAL OVERMYER
)
SUPERINTENDENT; MR.
)
OBERLANDER DEPUTY SUPT;
)
DEPUTY HORTON DEPUTY FACILITY )
MR. DOMBROSKI ACTING
)
CORRECTIONS CLASSIFICATION
)
PROGRAM MANAGER; MR. WILLIAM )
COLE CORRECTIONS CLASSIFICATION )
PROGRAM MANAGER; MS. C.
)
KENNEDY GRIEVANCE
)
COORDINATOR; MS. SEIGAL
)
GRIEVANCE COORDINATOR; JOHN
)
DOE FOOD SERVICE MANAGER; MR. )
MCQUOWN FACILITY CHAPLAIN
)
PROGRAM DIRECTOR; JOHN/JANE
)
DOE CORRECTIONS HEALTHCARE
)
ADMINISTRATOR; MS. SMITH, RN
)
INFECTIOUS NURSE; DOCTOR
)
HAVEWOOD HEALTHCARE PROVIDER,)
Defendants. )
Plaintiff,

Civil Action No. 14-123E
Magistrate Judge Maureen P. Kelly

Re: ECF No. 9

ORDER
Nu Qadr, also known as Jeffrey Pratt (“Plaintiff”) submitted a Motion to Proceed In
Forma Pauperis (the “IFP Motion”), ECF. No. 1, along with a civil rights Complaint on April 23,
2014. However, the IFP Motion was deficient. Accordingly, on May 12, 2014, the Court
ordered Plaintiff to correct the deficiency and ordered that the Clerk close the case until the
deficiency was corrected. ECF No. 2.
Most recently, Plaintiff filed an IFP Motion, ECF No. 7, but it was incomplete because
the portion of the IFP Motion that was to be filled out by the Records Officer of the Prison was

not filled out. ECF No. 7 at 2. In addition, Plaintiff did not provide a six month inmate account
statement. Plaintiff also filed a “Motion to Proceed 42 USCA 1983 And Order for Prison
Accountant to Complete Account Statement for Past Six (6) month’s [sic] and Return to the
Court” (“Motion to Proceed”). ECF No. 9.
In the Motion to Proceed, Plaintiff does not explain what efforts he made to have the
Prison Accountant or the Prison Records Officer fill out the portion of the IFP Motion required
to be filled out by that employee or what efforts Plaintiff made to have that employee provide a
six month inmate account statement. Without such a factual basis, the Court declines to Order
any official at the prison to do anything. Accordingly, Plaintiff’s Motion to Proceed is hereby
DENIED albeit without prejudice to being re-filed, accompanied by an affidavit, signed by
Plaintiff under penalty of perjury, explaining what efforts he made to have the responsible prison
official fill out the required paperwork, explaining when and to whom Plaintiff spoke and/or
wrote in order to have the prison official fill out the required paperwork. Plaintiff is given until
September 17, 2014 to file the renewed Motion to Proceed with the proper supporting affidavit.
We note that Plaintiff’s Complaint concerns, inter alia, the fact that the Defendants are
not recognizing his religious name of “Nur Qadr” and insist on using his commitment name of
“Jeffrey Pratt.” ECF No. 1-1, ¶ 4.C. See also ECF No. 4. Although not entirely clear from the
Motion to Proceed, it appears that the issue of utilizing Plaintiff’s religious name on official
documents may play some role in why the required paper work for the IFP Motion has not been
provided to the Court.
The Court will send via first class mail a copy of Plaintiff’s Motion to Proceed, ECF No.
9, a matter of public record, and a copy of this Order, also a matter of public record, to the
Inmate Accounting Officer at SCI-Forest to inform that Office of the issue with the Plaintiff’s

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IFP Motion and the lack of the required paperwork (i.e., Plaintiff’s six month accounting
statement and the Accounting Officer’s portion of the Prisoner IFP Motion) in order for the
Inmate Accounting Office to promptly take any action deemed necessary to comply with the
requirements of the Prison Litigation Reform Act in supplying this Court with the necessary
paperwork given Plaintiff’s expressed desire in the Motion to Proceed that the Inmate
Accounting Officer provide such to this Court.
In accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rule 72.C.2 of
the Local Rules of Court, the parties are allowed fourteen (14) days from the date of this Order to
file an appeal to the District Judge which includes the basis for objection to this Order. Any
appeal is to be submitted to the Clerk of Court, United States District Court, 700 Grant Street,
Room 3110, Pittsburgh, PA 15219. Failure to file a timely appeal will constitute a waiver of any
appellate rights.

Date: September 2, 2014
BY THE COURT:
/s/Maureen P. Kelly
MAUREEN P. KELLY
UNITED STATES MAGISTRATE JUDGE
cc:

Nur Qadr
BC-8580
SCI Forest
P.O. Box 945
Marienville, PA 16239
Jeffrey Pratt
BC-8580
SCI Forest
P.O. Box 945
Marienville, PA 16239
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Inmate Accounting Department
SCI Forest
286 Woodland Drive
P.O. Box 307
Marienville, PA 16239

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