MARSHALL v CORBETT et al

Filing 2

ORDER re 1 Motion for Leave to Proceed in forma pauperis, filed by KERRY X MARSHALL, ruling on the IFP Motion will be deferred because the Motion is deficient as noted in the accompanying order. Plaintiff is ORDERED to complete the Authorizatio n To be Completed by Prisoner Who Seeks Leave to Proceed In Forma Pauperis, a copy of which is being mailed to Plaintiff with this order, and return it to the Court no later than October 3, 2014. The Inmate Accounts Officer at SCI-Rockiew is ORDERED to complete the portion of the IFP Motion required to be completed by the Records Officer of the Prison (a copy of which is being sent to that Officer) and to promptly send it back to the Court along with a certified copy of the Plaintiff's Inma te Trust Account Statement for the last six months. Signed by Magistrate Judge Maureen P. Kelly on 9/24/2014. A copy of the Order together with this Notice of Electronic Filing are being sent to Plaintiff and to the Inmate Accounting Department at SCI-Rockview via first class mail. (tmr)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
KERRY X MARSHALL,
)
also known as KERRY X [MARSHALL], )
Plaintiff,
)
)
vs.
)
)
TOM CORBETT; JOHN WETZEL;
)
JOHN DOE #1; ANDREA
)
PRIORI-MEINTEL; ULLI KLEMM;
)
CRAIG COOPER; MARGARET
)
GORDON; MARCIA NOLES; RANDY
)
MCELRAVY; MICHAEL MICHLIN;
)
JEFFREY DITTY; LYDIA HALE;
)
ADEEB RASHEED; JODY SMITH;
)
DORINA VARNER; BRIAN COLEMAN; )
JOHN DOES #2-7; DEBRA
)
HAWKINBERRY,
)
Defendants. )

Civil Action No. 14-1210
Magistrate Judge Maureen P. Kelly

ORDER
Kerry X, also known as Kerry Marshall, (“Plaintiff”) is serving a life sentence for
murder. Plaintiff has submitted a Motion to Proceed In Forma Pauperis (the “IFP Motion”),
ECF. No. 1, along with a civil rights Complaint on September 8, 2014. However, the IFP
Motion was deficient. The IFP Motion lacked the portion of the IFP Motion that was to be
completed by the Records Officer of the Prison. In addition, it lacked the certified copy of the
trust fund account statement (or institutional equivalent) for the prisoner for the 6-month period
immediately preceding the filing of the complaint. Plaintiff did include a letter addressed to the
Clerk of Courts in which Plaintiff asserted that “in accord with Local Civil Rule of Procedure
9.2(a)(5), I certify that I have attempted without success to have the certificate of trust fund
account statement completed by the Record Officer but was not able to do so because prison

guards have been preventing this by destroying my Inmate Request to Staff Forms submitted.
Therefore I am sending you an ‘institutional equivalent’ of my trust fund account statement as
set forth in 28 U.S.C. § 1915(a)(2).” ECF No. 1 at 3 (underlining removed).
We note that there is no Local Civil Rule of Procedure 9.2(a)(5). We further note that to
the extent Plaintiff asserts the one page uncertified copy of his trust account statement for the
month of July to August, ECF No. 1 at 2, constitutes the “institutional equivalent” within the
contemplation of 1915(a)(2), we reject the assertion.
It is hereby ORDERED that the Inmate Accounts Officer at SCI-Rockview provide this
Court a certified copy of Kerry Marshall’s inmate trust account statement for the six months
preceding September 2014, given Plaintiff’s expressed desire that he wants to proceed IFP but
that guards prevented him from getting the request for the 6 month statement to the Inmate
Accounting Officer. It is also ORDERED the Inmate Accounts Officer to complete the portion
of the IFP Motion required to be completed by the Records Officer of the Prison. A copy of this
Order is being sent to the Inmate Accounting Department at SCI-Rockview together with a copy
of the IFP Motion that was filed by Plaintiff (a matter of public record) and the portion of the IFP
Motion to be filled out by the Records Officer of the Prison in order for the Inmate Accounting
Department to promptly fill out the form and return it to the Court together with a certified copy
of Kerry Marshall’s inmate trust account statement for the six months preceding September
2014.
Plaintiff is ORDERED to complete the “Authorization To be Completed by Prisoner
Who Seeks Leave to Proceed In Forma Pauperis” a copy of which is being mailed to Plaintiff
with this order, and return it to the Court no later than October 3, 2014. Failure to do so may
result in the case being dismissed for failure to prosecute.

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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 subject to this Order 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.
BY THE COURT:
/s/Maureen P. Kelly
MAUREEN P. KELLY
UNITED STATES MAGISTRATE JUDGE
Date: September 24, 2014
cc:

Kerry X. Marshall
BE-7826
SCI Rockview
Box A
Bellefonte, PA 16823
Inmate Accounting Department
SCI Rockview
Box A
Bellefonte, PA 16823-0820

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