Opinion
Civil Action 24-CV-5694
11-12-2024
KALIEF LADSON, Plaintiff, v. JANE DOE #1, et al., Defendants.
ORDER
JOHN M. GALLAGHER UNITED STATES DISTRICT COURT JUDGE
AND NOW, this 12th day of November, 2024, upon consideration of Kalief Ladson's Motion to Proceed In Forma Pauperis (ECF No. 1), Prisoner Trust Fund Account Statement (ECF No. 3), and pro se Complaint (ECF No. 2), it is ORDERED that:
1. Leave to proceed in forma pauperis (ECF No. 1) is GRANTED pursuant to 28 U.S.C. § 1915.
2. Kalief Ladson, #LR-3977, 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 SCI Frackville or other appropriate official to assess an initial filing fee of 20% of the greater of (a) the average monthly deposits to Ladson's inmate account; or (b) the average monthly balance in Ladson'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 Ladson'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 Ladson'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. Ladson's Complaint (ECF No. 2) 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 accompanying Memorandum.
6. The Clerk of Court is DIRECTED to CLOSE this case.