United States District Court, W.D. Pennsylvania
District Judge Kim R. Gibson, Lisa Pupo Lenihan Magistrate
Pupo Lenihan, United States Magistrate Judge.
Plaintiff has submitted his Prisoner Trust Fund Account
Statement for the six months preceding the filing of his
Complaint. (ECF No. 4.) This statement will be construed as a
renewed Motion for Leave to Proceed in forma
pauperis (“IFP”) since Plaintiff’s
previous IFP request was denied for his failure to submit
this statement. (ECF Nos. 1, 2.)
Plaintiff’s Motion for Leave to Proceed in forma
pauperis is GRANTED to the extent that
the case may proceed without the prepayment of the
entire filing fee.
Plaintiff shall pay $41.49 as an initial
partial filing fee as provided by 28 U.S.C. §
1915(b)(1)(A); however, he is still assessed the total
$350.00 filing fee in this case.
agency having custody of Plaintiff shall forward, within
THIRTY (30) DAYS from the date of this
Order, the initial partial filing fee of
$41.49 to the Clerk of Court. A check from a
penal institution, a cashier’s check, or a money order
should be made payable to “Clerk, U.S. District Court
for the Western District of Pennsylvania” and
transmitted to: Clerk of Court, U.S. District Court, Western
District of Pennsylvania, 700 Grant Street, Suite 3110,
Pittsburgh, PA, 15219. Personal checks will not be accepted.
The following information shall either be included on the
face of the check from the penal institution, cashier’s
check, or money order or attached thereto: (i) the full name
of the prisoner; (ii) the prisoner’s inmate number; and
(iii) the case number for this action. Checks or money orders
which do not have this information will be returned to the
After payment of the initial partial filing fee, Plaintiff
shall be required to make monthly payments of twenty percent
of the preceding month’s income (that is, all funds
deposited into the account) credited to the account. Each
time a deposit is made to the inmate’s account, the
agency having custody of Plaintiff shall set aside the
deposit immediately before any disbursement is made by the
inmate and shall forward payments from the Plaintiff’s
account on a monthly basis to the Clerk of Court each time
the amount in the account exceeds $10.00. These payments
shall continue until the filing fee of $350.00 is paid in
full. The prisoner information described in paragraph 4 shall
either be included on the face of the check from the penal
institution, cashier’s check, or money order or
Plaintiff is warned that he is ultimately responsible for
payment of the filing fee if the agency with custody over him
lapses in its duty to make payments on his behalf. For this
reason, if Plaintiff is transferred to another jail or
correctional institution, Plaintiff should ensure that the
new institution is informed about this lawsuit and the
required monthly payments as set out herein. Plaintiff is
advised to retain a copy of this Order for this purpose. This
Order will be binding on the Superintendent/Warden of any
jail or correctional facility where Plaintiff is incarcerated
until the filing fee is paid in full in accordance with the
provisions of 28 U.S.C. § 1915(b)(1).
Clerk of Court shall mail a copy of this Order to the Inmate
Account Officer at Plaintiff’s place of confinement.
Clerk of Court shall enclose an authorization form which
Plaintiff shall complete and return within ten
(10) days of this Order. Plaintiff may either
authorize monthly payments from his inmate account or move to
withdraw this action without payment of any portion of
the filing fee.
Clerk of Court is directed to reopen this case and to file
the Complaint and any attached exhibits.
Plaintiff authorizes payments and the initial partial filing
fee of $41.49 is not received within
THIRTY (30) DAYS from the date of this Order
then this action may be dismissed for failure to prosecute.