KLING v. SCI FAYETTE
Filing
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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)
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.
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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.
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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
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