Opinion
Civil Action 22-CV-1974
06-01-2022
WILLIE WHITE, Plaintiff, v. LT. BROOKE GAGLIONE, et al., Defendants.
ORDER
EDUARDO C. ROBRENO, J.
AND NOW, this 1st day of June, 2022, upon consideration of Willie White's Motion to Proceed In Forma Pauperis (ECF No. 1), Prisoner Trust Fund Account Statement, and pro se Complaint (ECF No. 2), it is ORDERED that:
1. The Clerk of Court is DIRECTED to file a copy of Willie White's inmate account statement (ECF No.3 in Civil Action 22-1226) on the docket of this case.
2. Leave to proceed in forma pauperis is GRANTED pursuant to 28 U.S.C. § 1915.
3. Wille White, #26532, 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 Lehigh County Jail or other appropriate official to assess an initial filing fee of 20% of the greater of (a) the average monthly deposits to White's inmate account; or (b) the average monthly balance in White'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 White'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 White's inmate account until the fees are paid. Each payment shall refer to the docket number for this case.
4. The Clerk of Court is DIRECTED to send a copy of this Order to the Warden of Lehigh County Jail.
5. The Complaint is DEEMED filed.
6. White's Complaint is DISMISSED WITH PREJUDICE for 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.
7. The Clerk of Court shall CLOSE this case.