Opinion
3:24-CV-0502
05-22-2024
XYAVION LAWRENCE, Plaintiff v. WARDEN TALUTTO, et al., Defendants
ORDER
JULIA K. MUNLEY JUDGE UNITED STATES DISTRICT COURT
AND NOW, in accordance with the accompanying Memorandum, IT IS ORDERED THAT:
1. Plaintiff's motions for leave to proceed in forma pauperis (Docs. 4, 8) are 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.
3. 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% of 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, 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.
4. The Clerk of Court is directed to SEND a copy of this Order to the Superintendent/Warden of the institution wherein Plaintiff is presently confined.
5. Plaintiff's complaint is DISMISSED without prejudice as to all Section 1983 claims (except for Plaintiff's Fifth Amendment claim regarding double jeopardy) pursuant to 28 U.S.C. § 1915A(b)(1) for failure to state a claim upon which relief may be granted.
6. Plaintiff's Section 1983 Fifth Amendment claim alleging a double jeopardy violation is DISMISSED with prejudice pursuant to 28 U.S.C. § 1915A(b)(1) for failure to state a claim upon which relief may be granted.
7. Plaintiff, if he so desires, may file an amended complaint in conformity with the accompanying Memorandum within 21 days of the date of this Order. If an amended complaint is not timely filed, dismissal will automatically convert to dismissal with prejudice and the court will close this case.
8. Plaintiff's motion for default judgment (Doc. 11) is DISMISSED as moot in light of paragraphs 5 through 7 above and because there has been no service of any pleading in this action on any Defendant. See generally FED. R. CIV. P. 55.