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Scott v. United States
United States District Court, E.D. Pennsylvania
August 8, 2019
UNITED STATES OF AMERICA
TIMOTHY J. SAVAGE J.
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.
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
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
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
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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