Opinion
Civil Action 24-CV-2402
10-18-2024
ABRAHIM FATA, Plaintiff, v. ABRAHAM ORTIZ, et al., Defendants.
ORDER
MITCHELL S. GOLDBERG, J.
AND NOW, this 18th day of October, 2024, upon consideration of Plaintiff Abrahim Fata's Motion to Proceed In Forma Pauperis (ECF No. 6), pro se Amended Complaint (ECF No. 9), Confidential Motion for a Civil Action to Restrain from Harassment of a Victim or Witness (ECF No. 7), Confidential Motion for Witness Relocation and Protection (ECF No. 8), and a Motion for a Change of Venue (ECF No. 10), it is ORDERED that:
1. Leave to proceed in forma pauperis is GRANTED pursuant to 28 U.S.C. § 1915.
2. Abrahim Fata, #193200, 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 Lehigh County Jail or other appropriate official to assess an initial filing fee of 20% of the greater of (a) the average monthly deposits to Fata's inmate account; or (b) the average monthly balance in Fata'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 Fata'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 Fata'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 Warden of Lehigh County Jail.
4. The Amended Complaint is DEEMED filed.
5. The Amended Complaint is DISMISSED for the reasons in the Court's Memorandum as follows:
a. Fata's claims are DISMISSED WITH PREJUDICE as frivolous, pursuant to 28 U.S.C. § 1915(e)(2)(B)(i); and
b. Claims raised on behalf of anyone other than Fata are DISMISSED WITHOUT PREJUDICE for lack of standing.
6. Fata's Confidential Motion for a Civil Action to Restrain from Harassment of a Victim or Witness (ECF No. 7), Confidential Motion for Witness Relocation and Protection (ECF No. 8), and a Motion for a Change of Venue (ECF No. 10), and Motion for Injunctive Relief are DENIED.
7. The Clerk of Court shall CLOSE this case.