IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
February 28, 2012
JAMES MCINTOSH, PLAINTIFF,
MARIA BENISH, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Paul S. Diamond, J.
ORDER AND NOW, this 28th day of February, 2012, for the reasons stated in the accompanying Decision, it is hereby ORDERED as follows:
1. Plaintiff's Application for Leave to Proceed In Forma Pauperis (Doc. No. 1) is GRANTED.
2. Plaintiff, James McIntosh, #50931-066, shall pay the full filing fee of $350 pursuant to 28 U.S.C. § 1915(b). Based on Plaintiff's financial statement, an initial partial filing fee of $10.13 is assessed. The Warden or other appropriate official at the Federal Correctional Institution in Fairton, where Plaintiff is presently confined, or at any other correctional facility at which Plaintiff may be confined, is directed to deduct $10.13 from Plaintiff's prisoner account, when such funds become available, and forward that amount to the Clerk of the United States District Court for the Eastern District of Pennsylvania, 2609 U.S. Courthouse, Philadelphia, PA 19106, to be credited to Civil Action No. 11-7165. Thereafter, until the full filing fee is paid, the Warden or other appropriate official at the Federal Correctional Institution in Fairton, or at any prison at which Plaintiff may be confined, shall deduct from Plaintiff's account, each time that Plaintiff's prisoner account exceeds $10, an amount no greater than 20 percent of the money credited to his account during the preceding month and forward that amount to the Clerk of Court at the address provided above to be credited to Civil Action No. 11-7165;
3. Plaintiff's Complaint is DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(i);
4. The Clerk of Court is directed to send a copy of this Order to the Warden of the Federal Correctional Institution in Fairton; and
5. This case shall be marked CLOSED.
AND IT IS SO ORDERED.
Paul S. Diamond
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