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Miller v. Hill

United States District Court, E.D. Pennsylvania

December 4, 2019

STAMAR RICHARD MILLER, Plaintiff
v.
GEORGE W. HILL CORRECTIONAL FACILITY, et al., Defendants

          ORDER

          John Milton Younge Judge

         AND NOW, this 4th day of December, 2019, upon consideration of Plaintiff Stamar Richard Miller's Motion to Proceed In Forma Pauperis (ECF No. 1), Prisoner Trust Fund Account Statement (ECF No. 2), and pro se Complaint (ECF No. 3), it is ORDERED that:

         1. Leave to proceed in forma pauperis is GRANTED pursuant to 28 U.S.C. § 1915.

         2. Stamar Richard Miller, #19001114, shall pay the full filing fee of $350 in installments, pursuant to 28 U.S.C. § 1915(b), regardless of the outcome of this case. The Court directs the Warden of George W. Hill Correctional Facility or other appropriate official to assess an initial filing fee of 20% of the greater of (a) the average monthly deposits to Miller's inmate account; or (b) the average monthly balance in Miller's inmate account for the six-month period immediately preceding the filing of this case. The Warden or other appropriate official shall calculate, collect, and forward the initial payment assessed pursuant to this Order to the Court with a reference to the docket number for this case. In each succeeding month when the amount in Miller's inmate trust fund account exceeds $10.00, the Warden or other appropriate official shall forward payments to the Clerk of Court equaling 20% of the preceding month's income credited to Miller's inmate account until the fees are paid. Each payment shall refer to the docket number for this case.

         3. The Clerk of Court is directed to SEND a copy of this Order to the Warden of George W. Hill Correctional Facility.

         4. The Complaint is DEEMED filed.

         5. For the reasons stated in the Court's Memorandum, Miller's claims against George W. Hill Correctional Facility are DISMISSED WITH PREJUDICE for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).

         6. The Clerk of Court shall issue a summons to Defendant Female Guard C/O Tucker only. Service of the summons and the Complaint shall be made upon the Defendant by the U.S. Marshals Service. Miller will be required to complete USM-285 forms so that the Marshals can serve the Defendant. Failure to complete that form may result in dismissal of this case.

         7. All original pleadings and other papers submitted for consideration to the Court in this case are to be filed with the Clerk of 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 made by mail. Proof that service has been made is provided by a certificate of service. The certificate of service should be filed in the case along with the original papers and should 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 (day) of (month), (year).
(Signature)”

         8. 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 and Local Rules are to be followed. Miller is specifically directed to comply with Local Civil Rule 7.1 and serve and file a proper response to all motions within fourteen (14) days. Failure to do so may result in dismissal.

         9. Miller is specifically directed to comply with Local Rule 26.1(f) which provides that “[n]o motion or other application pursuant to the Federal Rules of Civil Procedure governing discovery or pursuant to this rule shall be made unless it contains a certification of counsel that the parties, after reasonable effort, are unable to resolve the dispute.” Miller shall attempt to resolve any discovery disputes by contacting Defendants' counsel directly by telephone or through correspondence.

         10. No direct communication is to take place with the United States District Judge or United States Magistrate Judge with regard to this case. All relevant information ...


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