Opinion
Civil Action 22-CV-2726
09-13-2022
LEE A. CHETTY, JR., Plaintiff v. CITI BANK CORPORATION, Defendant
ORDER
NITZA I. QUINONES ALEJANDRO JUDGE
AND NOW, this 13th day of September 2022, upon consideration of Lee A. Chetty. Jr.'s Motion to Proceed In Forma Pauperis (ECF No. 4), Prisoner Trust Fund Account Statement (ECF No. 5), and pro se Complaint (ECF No. 1), it is hereby ORDERED that:
1. Leave to proceed in forma pauperis is GRANTED pursuant to 28 U.S.C. § 1915.
2. Lee A. Chetty, Jr., #QF-7802, shall pay the full filing fee of $350 in installments, pursuant to 28 U.S.C. § 1915(b), regardless of the outcome of this case. The Court directs the Superintendent of SCI Frackville or other appropriate official to assess an initial filing fee of 20% of the greater of (a) the average monthly deposits to Chetty's inmate account; or (b) the average monthly balance in Chetty's inmate account for the six-month period immediately preceding the filing of this case. The Superintendent or other appropriate official shall calculate, collect, and forward the initial payment assessed pursuant to this Order to the Court with a reference to the docket number for this case. In each succeeding month when the amount in Chetty's inmate trust fund account exceeds $10.00, the Superintendent or other appropriate official shall forward payments to the Clerk of Court equaling 20% of the preceding month's income credited to Chetty's inmate account until the fees are paid. Each payment shall refer to the docket number for this case.
3. The Clerk of Court is DIRECTED to send a copy of this Order to the Superintendent of SCI Frackville.
4. The Complaint is DEEMED filed.
5. The Complaint is DISMISSED WITH PREJUDICE for failure to state a claim, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for the reasons stated in the Court's Memorandum.
6. The Clerk of Court shall CLOSE this case.