Oliver v. Lockwood

Full title: CHRISTOPHER OLIVER, Plaintiff, v. AYANNA LOCKWOOD, Defendant.

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

Date published: Feb 12, 2024

Civil Action 23-CV-4656 (E.D. Pa. Feb. 12, 2024)

Opinion

Civil Action 23-CV-4656

02-12-2024

CHRISTOPHER OLIVER, Plaintiff, v. AYANNA LOCKWOOD, Defendant.

JEFFREY L. SCHMEHL, J.

ORDER

JEFFREY L. SCHMEHL, J.

AND NOW, this 12^th day of February, 2024, upon consideration of Christopher Oliver's Motion to Proceed In Forma Pauperis (ECF No. 6) and pro se Complaint (ECF No. 1), it is ORDERED that:

1. Leave to proceed in forma pauperis is GRANTED pursuant to 28 U.S.C. § 1915.

2. Christopher Oliver, #1612-93, 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 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 Oliver's inmate account; or (b) the average monthly balance in Oliver'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 Oliver'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 Oliver'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 Berks County Jail.

4. The Complaint is DEEMED filed.

5. The Complaint is DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction for the reasons stated in the Court's Memorandum.

6. The Clerk of Court shall CLOSE this case.