Opinion
Civil Action 21-CV-5690
05-18-2022
ORDER
NITZA I. QUIÑONES ALEJANDRO JUDGE, UNITED STATES DISTRICT COURT
AND NOW, this 18th day of May, 2022, upon consideration of Dorian Clark's Motion for Leave 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. Dorian Clark, also known as Steven Jacobs, #807486, 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 Warden of the Philadelphia Industrial Correctional Center or other appropriate official to assess an initial filing fee of 20% of the greater of (a) the average monthly deposits to Clark's inmate account; or (b) the average monthly balance in Clark's inmate account for the six-month period immediately preceding the filing of this case. The Warden 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 Clark's inmate trust fund account exceeds $10.00, the Warden or other appropriate official shall forward payments to the Clerk of Court equaling 20% of the preceding month's income credited to Clark'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 update the docket to reflect Clark's current address at the Philadelphia Industrial Correctional Center.
4. The Clerk of Court is DIRECTED to send a copy of this Order to the Warden of the Philadelphia Industrial Correctional Center.
5. The Complaint is DEEMED filed.
6. Clark's 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.
7. The Clerk of Court shall CLOSE this case.