Johnakin v. Prime Care Med.

Full title: WILLIAM JOHNAKIN and CHRIS YOUNG, Plaintiffs, v. PRIME CARE MEDICAL, BERKS…

Court: United States District Court, E.D. Pennsylvania

Date published: Mar 25, 2022

Civil Action 21-5366 (E.D. Pa. Mar. 25, 2022)

Opinion

Civil Action 21-5366

03-25-2022

WILLIAM JOHNAKIN and CHRIS YOUNG, Plaintiffs, v. PRIME CARE MEDICAL, BERKS COUNTY JAIL SYSTEM, WARDEN JEFFERY SMITH, and CHIEF DEPUTY WARDEN STEPHANIE SMITH, Defendants.

Edward G. Smith, J.

ORDER

Edward G. Smith, J.

AND NOW, this 25th day of March, 2022, after considering the application for leave to proceed in forma pauperis (Doc. No. 1), complaint (Doc. No. 2), and prisoner trust fund account statements (Doc. Nos. 6, 7) filed by the pro se plaintiffs, William Johnakin and Chris Young; and for the reasons set forth in the separately filed memorandum opinion, it is hereby ORDERED as follows:

1. The application for leave to proceed in forma pauperis (Doc. No. 1) is GRANTED, and the plaintiffs have leave to proceed in forma pauperis;

2. William Johnakin, #2017-0799, 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 Berks County Jail or other appropriate official to assess an initial filing fee of 20% of the greater of (a) the average monthly deposits to Johnakin's inmate account; or (b) the average monthly balance in Johnakin's inmate account for the six-month period immediately preceding the filing of this case.¹ 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 Johnakin'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 Johnakin's inmate account until the fees are paid. Each payment shall refer to the docket number for this case;

1 The court understands that Johnakin and Young have been released from custody. The Warden or other appropriate official shall collect and remit the fees for this case should either Johnakin or Young ever be reincarcerated.

3. Chris Young, #2020-2992, 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 Berks County Jail or other appropriate official to assess an initial filing fee of 20% of the greater of (a) the average monthly deposits to Young's inmate account; or (b) the average monthly balance in Young'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 Young'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 Young's inmate account until the fees are paid. Each payment shall refer to the docket number for this case;

4. The clerk of court is DIRECTED to send a copy of this order to the Warden of the Berks County Jail;

5. The complaint (Doc. No. 2) is DEEMED filed;

6. The complaint (Doc. No. 2) is DISMISSED WITH PREJUDICE; and

7. The clerk of court is DIRECTED to CLOSE this case.