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Ossie Robert Trader v. R.S.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA


April 29, 2011

OSSIE ROBERT TRADER, PLAINTIFF,
v.
R.S., DEPUTY CLERK, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Peter G. Sheridan United States District Judge

ORDER

CLOSED

For the reasons expressed in the Opinion filed herewith, IT IS on this 29TH day of April, 2011, ORDERED that the Clerk of the Court shall RE-OPEN the Docket in this matter by making an appropriate entry on the Docket; and it is further

ORDERED that Plaintiff's application to proceed in forma pauperis is hereby granted pursuant to 28 U.S.C. § 1915(a) and (b); and it is further

ORDERED that the Clerk of the Court shall file the Complaint without prepayment of fees or security; and it is further

ORDERED that, pursuant to 28 U.S.C. § 1915(b), the Clerk shall serve a copy of this Order by regular mail upon the U.S. Attorney for the Eastern District of Pennsylvania and the warden of the United States Penitentiary at Atlanta, Georgia; and it is further

ORDERED that the Complaint is DISMISSED WITH PREJUDICE, as frivolous and malicious and for failure to state a claim; and it is further

ORDERED that this dismissal shall count as a "strike" for purposes of 28 U.S.C. § 1915(g); and the Court further notes that Plaintiff has now incurred three or more "strikes" for purposes of 28 U.S.C. § 1915(g), see Carrasquillo v. Upton, Civil No. 09-0817 (E.D. Tex.); Trader v. Meehan, Civil No. 02-3791 (E.D. Pa.); Trader v. United States, Civil No. 10-1881 (D.D.C.); and it is further

ORDERED that Plaintiff is assessed a filing fee of $350.00 which shall be deducted from Plaintiff's institutional account pursuant to 28 U.S.C. § 1915(b)(2) in the manner set forth below, regardless of the outcome of the litigation; and it is further

ORDERED that, pursuant to 28 U.S.C. § 1915(b)(2), until the $350.00 fee is paid, each month that the amount in Plaintiff's prison account exceeds $10.00, the agency having custody of Plaintiff shall assess, deduct from his institutional account, and forward to the Clerk payments equal to 20% of the preceding month's income credited to Plaintiff's institutional account, with each payment referencing the civil docket number of this action; and it is further

ORDERED that, pursuant to 28 U.S.C. § 1915(a)(3), any appeal of this Court's decision would not be taken in good faith; and it is further

ORDERED that the Clerk of the Court shall re-close the Court's file in this matter by making an appropriate notation on the docket.

Peter G. Sheridan

District of New Jersey

Sitting by Designation

20110429

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