Smith v. Pa. Dep't of Corrs.

Full title: JOHN SMITH, Plaintiff v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS, et al.…

Court: United States District Court, Middle District of Pennsylvania

Date published: May 26, 2023

Civil Action 1:23-CV-857 (M.D. Pa. May. 26, 2023)

Opinion

Civil Action 1:23-CV-857

05-26-2023

JOHN SMITH, Plaintiff v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS, et al., Defendants

Christopher C. Conner United States District Judge Middle District of Pennsylvania.

ORDER

Christopher C. Conner United States District Judge Middle District of Pennsylvania.

AND NOW, this 26th day of May, 2023, upon review of plaintiff's application for leave to proceed in forma pauperis, and further upon review of the complaint pursuant to 28 U.S.C. § 1915(e)(2), and the court concluding that the complaint is malicious for the reasons set forth in the accompanying memorandum, it is hereby ORDERED that:

1. Plaintiff's application for leave to proceed in forma pauperis, (Doc. 2), is 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. 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% or 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, 235 N. Washington Avenue, 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.

3. The Clerk of Court is DIRECTED to send a copy of this order to the Superintendent/Warden of the institution where plaintiff is presently confined.

4. Plaintiff's complaint (Doc. 1) is DISMISSED WITH PREJUDICE as malicious pursuant to 28 U.S.C. § 1915(e)(2)(B)(i).

5. The Clerk of Court is directed to close this case.