Williams v. Francois

Full title: JAMIEL LAWRENCE WILLIAMS, Plaintiff, v. BRENDA V. FRANCOIS, et al.…

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

Date published: Nov 28, 2022

Civil Action 22-CV-3404 (E.D. Pa. Nov. 28, 2022)

Opinion

Civil Action 22-CV-3404

11-28-2022

JAMIEL LAWRENCE WILLIAMS, Plaintiff, v. BRENDA V. FRANCOIS, et al., Defendants.

EDUARDO C. ROBRENO, J.

ORDER

EDUARDO C. ROBRENO, J.

AND NOW, this 28^TH day of November, 2022, upon consideration of Plaintiff Jamiel Lawrence Williams's Motions for Leave to Proceed In Forma Pauperis (ECF Nos. 8 & 11), pro se Complaint (ECF No. 2), and his motions to add defendants and claims to this action (ECF Nos. 5 & 15), it is ORDERED that:

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

2. Jamiel Lawrence Williams, #QJ-0995, 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 Huntingdon or other appropriate official to assess an initial filing fee of 20% of the greater of (a) the average monthly deposits to Williams's inmate account; or (b) the average monthly balance in Williams'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 Williams'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 Williams'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 Huntingdon.

4. The Complaint is DEEMED filed.

5. For the reasons stated in the Court's Memorandum, the Complaint is DISMISSED as follows:

a. Williams's federal claims are DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(i) and (ii); and

b. Williams's state law claims are DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction, and he may pursue those claims in the appropriate state court.

6. Williams's motions to add defendants and claims to this action are DENIED AS MOOT.

7. The Clerk of Court is DIRECTED to CLOSE this matter.