GOODWIN v. GLUNT et al
Filing
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ORDER that on or before July 29, 2013, Plaintiff shall file with this Court a signed copy of the enclosed authorization form indicating whether he wishes to proceed with this action. Signed by Magistrate Judge Cynthia Reed Eddy on 07/12/2013. (bsc)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
JEFFERY M. GOODWIN,
Plaintiff,
v.
STEVEN R. GLUNT, Superintendent;
MAREA LEAKY, Physician’s Assistant;
and SCI HOUTZDALE MEDICAL
DEPARTMENT,
Defendants.
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Civil Action No. 3: 13-cv-0148
United States District Judge
Kim R. Gibson
United States Magistrate Judge
Cynthia Reed Eddy
MEMORANDUM AND ORDER
Plaintiff in the above-captioned case has submitted for filing a Civil Rights complaint in
this Court and has moved to proceed in forma pauperis under 28 U.S.C. § 1915, without
prepayment of fees. The Prison Litigation Reform Act of 1995, Pub. L. No. 104-134, 110 Stat.
1321 (“PLRA”), which amended 28 U.S.C. § 1915, established certain financial requirements for
prisoners who are attempting to bring a civil action or file an appeal in forma pauperis.
Specifically, a prisoner bringing a civil action in forma pauperis must pay the full amount
of the $350 filing fee. 28 U.S.C. § 1915(b)(1). In this regard, (unless already provided) the
prisoner must submit a certified copy of his inmate trust fund account statement for the 6-month
period immediately preceding the filing of his complaint so the Court can determine how the
$350 filing fee will be paid. 28 U.S.C. § 1915(a)(2). The prisoner must obtain this statement
from the appropriate official of each prison at which he was or is confined. When funds exist in
the prisoner’s account, the Court must collect an initial partial filing fee of 20 percent of the
greater of-- (A) the average monthly deposits to the prisoner's account; or (B) the average
monthly balance in the prisoner's account for the 6-month period immediately preceding the
filing of the complaint. Thereafter, each time that the balance in plaintiff's prison account
exceeds $10.00, an amount no greater than 20 percent of the money credited to plaintiff's account
during the preceding month will be deducted and forwarded to the Clerk of Court until the filing
fee is paid.
Finally, this Court must review Plaintiff's Complaint in accordance with the
authority granted to federal courts for sua sponte screening and dismissal of prisoner
claims under the PLRA. Specifically, section 1915(e) requires the federal courts to review
complaints filed by persons who are proceeding in forma pauperis and to dismiss, at any
time, any action that is frivolous or malicious, fails to state a claim on which relief may be
granted, or seeks monetary relief against a defendant who is immune from such relief. 28
U.S.C. § 1915(e)(2)(B). If the Court dismisses the case for any of these reasons, the prisoner
is NOT entitled to the return of his filing fee.
Plaintiff shall have fourteen (14) days from the date of this order to decide whether he
wants to proceed with this case. If Plaintiff decides not to proceed with the case, he need not pay
the $350 filing fee and the action will be dismissed. Should Plaintiff wish to proceed with this
action, he must authorize payments from his inmate account by returning a signed copy of the
enclosed authorization form by July 29, 2013. An authorization form is attached. Plaintiff’s
failure to return a signed authorization will result in dismissal of this action.
AND NOW, this 12th day of July, 2013:
IT IS HEREBY ORDERED that, on or before July 29, 2013, Plaintiff shall file with this
Court a signed copy of the enclosed authorization form indicating whether he wishes to proceed
with this action. No extensions of time will be granted without just cause.
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IT IS FURTHER ORDERED that Plaintiff’s failure to comply with this Order on or
before July 29, 2013 will result in immediate dismissal of this action without prejudice.
s/ Cynthia Reed Eddy
Cynthia Reed Eddy
United States Magistrate Judge
cc:
JEFFERY M. GOODWIN
DG-0487
SCI Houtzdale
P.O. Box 1000
209 Institution Drive
Houtzdale, PA 16698-1000
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AUTHORIZATION
I, JEFFERY M. GOODWIN, hereby authorize the custodian of my inmate account to
withdraw from my account and pay to the Clerk, United States District Court for the Western
District of Pennsylvania, monthly payments of twenty percent (20%) of the preceding month's
income credited to my account and to forward payments from my account, each time the amount
in my account exceeds $10.00, to the Clerk, United States District Court, until the entire filing
fee of $350.00 for Civil Action No. 3: 13-cv-0148 has been paid.
PLAINTIFF'S SIGNATURE/DATE
WITHDRAWAL OF ACTION
I, JEFFERY M. GOODWIN, Move to Withdraw Civil Action 3: 13-cv-00148.
PLAINTIFF'S SIGNATURE/DATE
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