Opinion
Civil Action 22-CV-2612
11-02-2022
ERIC McDONALD, Plaintiff v. COMMONWEALTH OF PENNSYLVANIA, Defendant
ORDER
NITZA I. QUINONES ALEJANDRO, United States District Court Judge
AND NOW, this 2nd day of November 2022, upon consideration of Eric McDonald's Motion to Proceed In Forma Pauperis (ECF No. 5), Prisoner Trust Fund Account Statement (ECF No. 6), and pro se Amended Complaint (ECF No. 7), it is hereby ORDERED that:
1. Leave to proceed in forma pauperis is GRANTED pursuant to 28 U.S.C. § 1915.
2. Eric McDonald, #5815, 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 Northampton County Prison or other appropriate official to assess an initial filing fee of 20% of the greater of (a) the average monthly deposits to McDonald's inmate account; or (b) the average monthly balance in McDonald'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 McDonald'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 McDonald'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 Northampton County Prison.
4. The Complaint is DEEMED filed.
5. McDonald's Amended Complaint is DISMISSED WITH PREJUDICE failure to state a claim, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for the reasons stated in the Court's Memorandum.
6. The Clerk of Court is DIRECTED to CLOSE this case for statistical purposes.