COULSTON v. GLUNT et al

Filing 84

ORDER re payment of filing fee. Signed by Magistrate Judge Lisa Pupo Lenihan on June 17, 2014. (kcc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
TROY COULSTON,
Plaintiff,
v.
STEVEN GLUNT, et al.,
Defendants.

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Civil Action No. 12 – 154J
District Judge Kim R. Gibson
Chief Magistrate Judge Lisa Pupo Lenihan

ORDER
On August 7, 2012, Plaintiff in the above-captioned case submitted for filing a civil rights
Complaint in this Court. By Order dated August 13, 2012, 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, SCI-Houtzdale.
However, as of this day NO PORTION OF THE FILING FEE HAS BEEN PAID.
The Court notes that Plaintiff’s inmate account statement that he submitted on August 7,
2012, shows that he had over $529.72 deposited into his account from July 19, 2011 through July
17, 2012. Furthermore, Plaintiff recently initiated another case in this Court at Civil Action No.

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14-112J. His inmate account statement submitted in that case indicates that Plaintiff has had
over $242.44 deposited into his account from December 17, 2013 through June 10, 2014. This
leads the Court to believe that the Inmate Account Office at SCI-Houtzdale has not been
complying with this Court’s Order dated August 13, 2012, wherein it directed that the
$350.00 filing fee be paid in accordance with 28 U.S.C. § 1915(b). Therefore,
IT IS HEREBY ORDERED as follows:
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
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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

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-Houtzdale where Plaintiff is currently incarcerated.
Dated: June 17, 2014.

/s/ Lisa Pupo Lenihan
Lisa Pupo Lenihan
Chief United States Magistrate Judge
Inmate Account Officer
SCI-Houtzdale
P.O. Box 1000
Houtzdale, PA 16698-1000
Ken Cameron
Superintendent
SCI-Houtzdale
Troy Coulston
SCI-Houtzdale
Counsel of Record

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