JACOBS v. CITY OF PITTSBURGH et al

Filing 365

ORDER that Plaintiff is required to pay the filing fee of $350.00 in accordance with 28 USC 1915(b) and as more fully explained herein. The Clerk of Court is directed to forward a copy of this Order to the Superintendent of SCI-Albion where Plaintiff is currently incarcerated. Signed by Magistrate Judge Lisa Pupo Lenihan on May 30, 2014. (kcc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
ANDRE JACOBS,
Plaintiff,
v.
PITTSBURGH POLICE
DEPARTMENT, et al.,

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Civil Action No. 08 – 470
Chief District Judge Joy Flowers Conti
Chief Magistrate Judge Lisa Pupo Lenihan

Defendants.
ORDER
On April 7, 2008, Plaintiff in the above-captioned case submitted for filing a civil rights
Complaint in the United States District Court for the Western District of Pennsylvania. By Order
dated April 18, 2014, Plaintiff was granted leave to prosecute this action in forma pauperis but
he was advised that the Prison Litigation Reform Act of 1996, 28 U.S.C. § 1915(b), as amended
April 26, 1996, requires that prisoners, who cannot pay the full filing fee immediately, submit
the filing fee in installment payments. This Court ordered the agency having custody of Plaintiff
to forward to the Clerk of Court payments from Plaintiff’s prisoner account in the amount of
twenty percent of the preceding month’s income credited to Plaintiff’s account each time his
account exceeded ten dollars until the $350 filing fee has been paid in full in accordance with the
provisions of 28 U.S.C. § 1915(b). Plaintiff signed and returned the authorization of payment
form permitting payment of the monthly installments and that form was forwarded to the
institution at which time he was incarcerated. However, it has been over six years since Plaintiff
initiated this action and AS OF THIS DATE NO MONIES HAVE BEEN PAID. Therefore,
THIS 30th DAY OF MAY, 2014, IT IS HEREBY ORDERED as follows:

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1.

Plaintiff is required to pay the filing fee of $350.00 in accordance with 28 U.S.C.

§ 1915(b).
2.

Pursuant to the Prison Litigation Reform Act, the Superintendent/Warden of the

institution where this inmate is incarcerated is directed to remit from the prisoner’s account, in
monthly installments, the full $350.00 fee.

Enclosed is a copy of the Plaintiff’s signed

Authorization. Specifically, as soon as funds are available in the inmate's prison account, the
Superintendent/Warden in any institution where the inmate is incarcerated is required by law to
set aside and remit on a monthly basis 20 percent of the preceding month's deposits credited to
the prisoner's account until the $350.00 filing fee has been paid in full. Each time a deposit is
made to the inmate's account, the Superintendent/Warden shall set aside the deposit immediately
before any disbursement is made by the inmate, until an amount equal to 20 percent of the
previous month's deposits is obtained. When the 20 percent amount is obtained, and the amount
in the account exceeds ten dollars, it shall be transmitted in one monthly payment to the Clerk of
Court. Each payment shall be clearly identified by the name and number of the prisoner and the
number assigned to this action. Payments must be made payable to "Clerk, U.S. District Court
of the Western District of Pennsylvania" and transmitted to:
Clerk’s Office
United States District Court
Western District of Pennsylvania
700 Grant Street, Rm. 3110
Pittsburgh, PA 15219

In the event that Plaintiff is transferred to a different correctional facility before the
full filing fee is paid, you must forward this Order to the Superintendent/Warden of the
receiving institution.

This Order will be binding on the Superintendent/Warden of any

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correctional facility where the prisoner is incarcerated until the filing fee is paid in full in
accordance with the provisions of 28 U.S.C. § 1915(b)(1).
3.

The Clerk of Court is directed to forward a copy of this Order to the

Superintendent of SCI-Albion where Plaintiff is currently incarcerated.

/s/ Lisa Pupo Lenihan
Lisa Pupo Lenihan
Chief United States Magistrate Judge
Inmate Accounting Office
SCI-Albion
10745 Route 18
Albion, PA 16475-0001
Nancy Giroux
Superintendent
SCI-Albion
10745 Route 18
Albion, PA 16475-0001
Andre Jacobs
DQ 5437
SCI-Albion
10745 Route 18
Albion, PA 16475-0001
Counsel of Record

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