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Scott v. United States

United States District Court, E.D. Pennsylvania

August 8, 2019

ADAM SCOTT
v.
UNITED STATES OF AMERICA

          ORDER

          TIMOTHY J. SAVAGE J.

         NOW, this 8th day of August, 2019, upon consideration of plaintiff's Application for Prisoners to Proceed in District Court Without Prepaying Fees or Costs (Document No. 5), his Prisoner Trust Fund Account Statement, and his Complaint, it is ORDERED that:

1. Plaintiff's application to proceed in forma pauperis is GRANTED;
2. The Complaint is deemed filed.
3. Pursuant to 28 U.S.C. § 1915(b), plaintiff, Adam Scott, # 61781-066, shall pay the full filing fee of $350 in installments.[1]
The Warden or other appropriate official at the Federal Detention Center in Philadelphia is directed to assess an initial filing fee of 20% of the greater of (a) the average monthly deposits to Adam Scott's inmate account; or (b) the average monthly balance in Adam Scott's inmate account for the six-month period immediately preceding the filing of this case and forward the initial payment assessed, with a reference to Civil Action No. 19-2263, to the Clerk of Court at the following address:
Clerk of the United States District Court for the Eastern District of Pennsylvania Room 2609 601 Market Street Philadelphia, Pennsylvania 19106.
5. In each succeeding month when the amount in Adam Scott's inmate account exceeds $10.00, the Warden or other appropriate official shall calculate, collect, and forward a payment equaling twenty percent (20%) of the preceding month's income credited to Adam Scott's inmate account and forward that amount, to be credited to Civil Action No. 19-2263, to the Clerk of Court at the above address until the fees are paid in full.
6. Pursuant to 28 U.S.C. § 1915(e)(2)(B)(i), plaintiff's Bivens claims are DISMISSED WITH PREJUDICE.
7. The Clerk of Court shall issue and transmit a summons, together with a copy of the complaint, to the U.S. Marshals Service for service upon the United States.
8. All original pleadings and other papers submitted for consideration to the Court in this case are to be filed with the Clerk of this Court. Copies of papers filed in this Court are to be served upon counsel for all other parties (or directly on any party acting pro se). Service may be by mail. Proof that service has been made is provided by a certificate of service. This certificate shall be filed in the case along with the original papers and shall show the day and manner of service. An example of a certificate of service by mail follows:
I, (name), do hereby certify that a true and correct copy of the foregoing (name of pleading or other paper) has been served upon (name(s) of person(s) served) by placing the same in the U.S. Mail, properly addressed, this (date) day of (month), (year).

         If any pleading or other paper submitted for filing does not include a certificate of service upon the opposing party or counsel for opposing party, it may be disregarded by the Court.

9. Any request for court action shall be set forth in a motion, properly filed and served. The parties shall file all motions, including proof of service upon opposing parties, with the Clerk of Court. The Federal Rules of Civil Procedure, local rules and Judge Savage's Policies and Procedures, a copy of which is attached, are to be followed. Plaintiff is specifically directed to comply with Local Civil Rule 7.1 and serve and file a proper ...

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