McKnight v. George W. Hill Corr. Facility

Full title: MONIQUE MCKNIGHT, Plaintiff, v. GEORGE W. HILL CORRECTIONAL FACILITY, et…

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

Date published: Oct 8, 2024

Civil Action 24-3078 (E.D. Pa. Oct. 8, 2024)

Opinion

Civil Action 24-3078

10-08-2024

MONIQUE MCKNIGHT, Plaintiff, v. GEORGE W. HILL CORRECTIONAL FACILITY, et al., Defendants.

MURPHY, J.

ORDER

MURPHY, J.

AND NOW, this 8^th day of October 2024, upon consideration of Monique McKnight's motion for leave to proceed in forma pauperis (DI 2), Prisoner Trust Fund Account Statement (DI 3), and pro se Complaint (DI 1), it is ORDERED:

1. Ms. McKnight's motion to leave to proceed in forma pauperis (DI 2) is GRANTED pursuant to 28 U.S.C. § 1915.

2. Monique McKnight, #PE-7005, 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 of SCI Muncy or other appropriate official to assess an initial filing fee of 20% of the greater of (a) the average monthly deposits to Ms. McKnight's inmate account; or (b) the average monthly balance in Ms. McKnight'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 Ms. McKnight'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 Ms. McKnight'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 Muncy.

4. The Complaint is DEEMED filed.

5. Ms. McKnight's Complaint is DISMISSED IN PART WITH PREJUDICE AND IN PART WITHOUT PREJUDICE for the reasons stated in the Court's Memorandum, as follows:

a. Ms. McKnight's constitutional claims are DISMISSED WITH PREJUDICE for failure to state a claim, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii);

b. Ms. McKnight's state law claims are DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction, with leave to amend her complaint within 30 days.