Williams v. Wood

Full title: JEROME WILLIAMS, Plaintiff, v. STEFAN WOOD, JR., et al., Defendants.

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

Date published: Nov 22, 2024

Civil Action 24-CV-3263 (E.D. Pa. Nov. 22, 2024)

Opinion

Civil Action 24-CV-3263

11-22-2024

JEROME WILLIAMS, Plaintiff, v. STEFAN WOOD, JR., et al., Defendants.

KAREN SPENCER MARSTON, J.

ORDER

KAREN SPENCER MARSTON, J.

AND NOW, this 22nd day of November, 2024, upon consideration of Plaintiff Jerome Williams's Motion to Proceed In Forma Pauperis (Doc. No. 4), Prisoner Trust Fund Account Statement (Doc. No. 5), pro se Complaint (Doc. No. 1), Amended Compensation (Doc. No. 14), Request for Default (Doc. No. 17), and Motion to Amend the Amount of Compensation (Doc. No. 18) it is ORDERED that:

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

2. Jerome Williams, #LF-4307, 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 Coal Township 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 Coal Township.

4. The Complaint is DEEMED filed.

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

a. All federal claims are DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim.

b. All state law claims are DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction.

6. Williams's request for default (Doc. No. 17) is DENIED AS MOOT.

7. Williams's motion to amend the amount of compensation (Doc. No. 18) is DENIED AS MOOT.

8. The Clerk of Court shall CLOSE this case.