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Cuney v. Spaulding

United States District Court, Middle District of Pennsylvania
Feb 23, 2023
Civil Action 1:23-CV-200 (M.D. Pa. Feb. 23, 2023)

Opinion

Civil Action 1:23-CV-200

02-23-2023

JONATHAN CUNEY, Plaintiff v. W. SPAULDING, et al., Defendants


ORDER

CHRISTOPHER C. CONNER, UNITED STATES DISTRICT JUDGE

AND NOW, this 23rd day of February, 2023, upon review of plaintiff's complaint pursuant to 28 U.S.C. § 1915(e)(2) and 28 U.S.C. § 1915A, and for the reasons set forth in the accompanying memorandum, it is hereby ORDERED that:

1. Plaintiff's application for leave to proceed in forma pauperis, (Doc. 4), is GRANTED.
2. Plaintiff shall pay the full filing fee of $350.00 based on the financial information provided in the application to proceed in forma pauperis. The full filing fee shall be paid regardless of the outcome of the litigation. Pursuant to 28 U.S.C. 1915(b)(1) and (2), the Superintendent/Warden, or other appropriate official at plaintiff's place of confinement, is directed to deduct an initial partial filing fee of 20% or the greater of:
a. The average monthly deposits in the inmate's prison account for the past six months, or
b. The average monthly balance in the inmate's prison account for the past six months.
The initial partial filing fee shall be forwarded to the Clerk of the United States District Court for the Middle District of Pennsylvania, P.O. Box 1148, 235 N. Washington Avenue, Scranton, Pennsylvania, 18501-1148, to be credited to the above-captioned docket number. In each succeeding month, when the amount in plaintiff's inmate trust fund account exceeds $10.00, the Superintendent/Warden, or other appropriate official, shall forward payments to the Clerk of Court
equaling 20% of the preceding month's income credited to plaintiff's inmate trust fund account until the fees are paid. Each payment shall reference the above-captioned docket number.
3. The Clerk of Court is DIRECTED to send a copy of this order to the Superintendent/Warden of the institution where plaintiff is presently confined.
4. Plaintiff's complaint (Doc. 1) is DISMISSED without prejudice for lack of jurisdiction.
5. The Clerk of Court is DIRECTED to close this case.


Summaries of

Cuney v. Spaulding

United States District Court, Middle District of Pennsylvania
Feb 23, 2023
Civil Action 1:23-CV-200 (M.D. Pa. Feb. 23, 2023)
Case details for

Cuney v. Spaulding

Case Details

Full title:JONATHAN CUNEY, Plaintiff v. W. SPAULDING, et al., Defendants

Court:United States District Court, Middle District of Pennsylvania

Date published: Feb 23, 2023

Citations

Civil Action 1:23-CV-200 (M.D. Pa. Feb. 23, 2023)