Opinion
24-cv-2012
07-10-2024
AARON BLAKE ROBERTSON, Plaintiff, v. EDWIN GEORGE PFURSICH, IV, et al. Defendants.
ORDER
JOSEPH F. LEESON, JR., United States District Judge
AND NOW, this 10th day of July, 2024, upon consideration of Aaron Blake Robertson's Motion to Proceed In Forma Pauperis (ECF No. 7), Prisoner Trust Fund Account Statements (ECF No. 5, 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. Aaron Blake Robertson, #QP-4780, 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 Dallas or other appropriate official to assess an initial filing fee of 20% of the greater of (a) the average monthly deposits to Robertson's inmate account; or (b) the average monthly balance in Robertson'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 Robertson'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 Robertson'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 Dallas.
4. The Complaint is DEEMED filed.
5. The Clerk of Court is DIRECTED to strike “Cody Pfursich as a defendant in this case.
6. For the reason's stated in the Court's Memorandum, the Complaint is DISMISSED as follows:
a. All federal claims pursuant to 42 U.S.C. § 1983 are DISMISSED WITH PREJUDICE.
b. All state law claims are DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction.
7. The Clerk of Court shall CLOSE this case.