Muhammad v. Weikel

• Court: District Court, M.D. Pennsylvania
• Decided: September 26, 2019
• Docket: 1:19-cv-01373
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

WALID A. MUHAMMAD, : Plaintiff : : No. 1:19-cv-1373 v. : : (Judge Kane) SGT. WEIKEL, et al., : Defendants :

ORDER

AND NOW, on this 26th day of September 2019, in accordance with the Memorandum issued concurrently with this Order, IT IS ORDERED THAT: 1. Plaintiff’s motions for leave to proceed in forma pauperis (Doc. Nos. 2, 13) are GRANTED;

2. Plaintiff shall pay the full filing fee of $350.00, based on the financial information provided in the application to proceed in forma pauperis. The full filing fee shall be paid regardless of the outcome of the litigation;

3. Pursuant to 28 U.S.C. § 1915(b)(1) and (2), the Superintendent/Warden, or other appropriate official at Plaintiff’s place of confinement is directed to deduct an initial partial filing fee of 20% of the greater of:

a. The average monthly deposits in the inmate’s prison account for the past six months, or

b. The average monthly balance in the inmate’s prison account for the past six months.

The initial partial filing fee shall be forwarded to the Clerk of the United States District Court for the Middle District of Pennsylvania, P.O. Box 1148, Scranton, Pennsylvania, 18501-1148, to be credited to the above-captioned docket number. In each succeeding month, when the amount in Plaintiff’s inmate trust fund account exceeds $10.00, the Superintendent/Warden, or other appropriate official, shall forward payments to the Clerk of Court equaling 20% of the preceding month’s income credited to plaintiff’s inmate trust fund account until the fees are paid. Each payment shall reference the above-captioned docket number; 4. The Clerk of Court is directed to SEND a copy of this Order to the Superintendent/Warden of the institution wherein Plaintiff is presently confined;

5. The complaint is DEEMED FILED;

6. The complaint (Doc. No. 1) is DISMISSED WITH PREJUDICE as frivolous and for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), and without leave to amend as any amendment would be futile. See Shane v. Fauver, 213 F.3d 113, 115 (3d Cir. 2000);

7. Plaintiff’s motion to appoint counsel (Doc. No. 5) is DENIED AS MOOT; and

8. The Clerk of Court shall CLOSE the above-captioned case.

s/ Yvette Kane Yvette Kane, District Judge United States District Court Middle District of Pennsylvania