KLING v. SCI FAYETTE

Filing 2

ORDER #1 Complaint lodged without the filing fee or motion to proceed in forma pauperis. The Clerk is to mark this CASE CLOSED. Plaintiff may submit a motion to proceed in forma pauperis, along with a certified copy of the inmate account statement for the six (6) months preceding the filing of the complaint. If that motion is granted, the case will be reopened. In lieu of filing a motion to proceed in forma pauperis, the Plaintiff may also reopen this case by paying the $402.00 filing fee. Plaintiff is allowed fourteen (14) days from this date to appeal this order to a District Judge pursuant to Rule 72.C.2 of the Local Rules. Failure to appeal within fourteen (14) days may constitute waiver of the right to appeal. Signed by Magistrate Judge Lisa Pupo Lenihan on January 6, 2021. (kcb)

Download PDF
Case 2:21-cv-00016-LPL Document 2 Filed 01/06/21 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA DAVID C. KLING, Plaintiff, v. SCI FAYETTE, Defendant. ) ) ) ) ) ) ) ) ) ) Civil Action No. 21 – 16 Magistrate Judge Lisa Pupo Lenihan ORDER David C. Kling (“Plaintiff”) has mailed to the Court a letter addressed to Chief District Judge Mark R. Hornak, who instructed the Clerk to file it as a civil rights complaint in a new case. The Clerk of Court thus filed it at the above actioned case number. It unclear whether Plaintiff intended this letter to act as a civil rights complaint, but, assuming that he did, this case may not proceed unless he either, (1) tenders to the “Clerk, U.S. District Court” a statutory filing fee in the amount of $402.00, or, (2) files a properly completed application to proceed in forma pauperis, along with an authorization form and a certified copy of his prison account statement for the six (6) months preceding the filing of the complaint. An application to proceed in forma pauperis and authorization form are enclosed. Therefore, IT IS HEREBY ORDERED this 6th day of January, 2021, that the Clerk of Court mark this case CLOSED. 1 Case 2:21-cv-00016-LPL Document 2 Filed 01/06/21 Page 2 of 2 IT IS FURTHER ORDERED that the Plaintiff may submit a motion to proceed in forma pauperis, along with a certified copy of the inmate account statement for the six (6) months preceding the filing of the complaint. If that motion is granted, the case will be reopened. IT IS FURTHER ORDERED that in lieu of filing a motion to proceed in forma pauperis, the Plaintiff may also reopen this case by paying the $402.00 filing fee. AND IT IS FURTHER ORDERED that Plaintiff is allowed fourteen (14) days from this date to appeal this order to a District Judge pursuant to Rule 72.C.2 of the Local Rules. Failure to appeal within fourteen (14) days may constitute waiver of the right to appeal. /s/ Lisa Pupo Lenihan Lisa Pupo Lenihan United States Magistrate Judge Cc: David C. Kling HR4718 SCI Fayette 50 Overlook Drive LaBelle, PA 15450 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?