Opinion
3:22-cv-221-KAP
12-15-2023
EARNEST SCOTT, Jr., Plaintiff v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS, et al., Defendants
MEMORANDUM ORDER
Keith A. Pesto, United States Magistrate Judge
Plaintiff Scott's amended motion to proceed in forma pauperis, ECF no. 11, is granted in accordance with the Prison Litigation Reform Act, 28 U.S.C. § 1915(a)(2), (b)(1)-(2). The inmate account officer at any institution where plaintiff may be incarcerated shall forward to the Clerk of the United States District Court for the Western District of Pennsylvania the greater of twenty percent of the average monthly deposits to the plaintiff's inmate account for the six months prior to the date of this order, or twenty percent of the average balance of plaintiff's inmate account during the same time period; and in accordance with 28 U.S.C. § 1915(b)(2), the inmate account officer shall begin immediately to deduct from plaintiff's inmate account twenty percent (20%) of each item of income on the date received, accrue these items and forward one payment per month of the amount accrued to the Clerk, whenever the amount in plaintiff's account exceeds $10.00, until the entire filing fee of $350.00 has been paid, regardless of any dismissal of the complaint.
Plaintiff's second motion for my recusal, ECF no. 10 is denied. Because 28 U.S.C.§ 144 gives a party one opportunity to file an affidavit, ECF no. 13 (which if it were considered would mostly explain the defects that I identified in the first ifp motion but would not be adequate for the reasons I have explained with plaintiff's numerous similar motions in this and other cases) need not be considered. The Clerk shall place ECF no. 13 under seal because it contains personal identifiers.
Since plaintiff is proceeding in forma pauperis, 28 U.S.C.§ 1915(e)(2) commands:
(2) Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that -
(A) the allegation of poverty is untrue; or
(B) the action or appeal -
(i) is frivolous or malicious;
(ii) fails to state a claim on which relief may be granted; or
(iii) seeks monetary relief against a defendant who is immune from such relief.
To explain to plaintiff what that means, I will screen the complaint and make a recommendation to a District Judge about the viability of the complaint. Plaintiff will have an opportunity to object to any recommendation I make that he disagrees with and, depending on my recommendation and any ruling after objections are decided, the complaint will then be dismissed or served on some or all of the named defendants. Michael Clayton is not part of this action, and the Clerk can remove him from the caption. Only plaintiff's claims will proceed.