KELSEY et al v. PHILADELPHIA POLICE DEPARTMENT et al, No. 2:2017cv05199 - Document 6 (E.D. Pa. 2017)

Court Description: OPINION/ORDER THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED. PLAINTIFF SHALL PAY THE FULL FILING FEE OF $350 IN INSTALLMENTS. THE CLERK OF COURT IS DIRECTED TO SEND A COPY OF THIS ORDER TO THE SUPERINTENDENT OF SCI HUNTINGDON. THE COMPLAI NT IS DISMISSED, AND PLAINTIFFF MAY NOT FILE AN AMENDED COMPLAINT IN THIS CASE. THE CLERK OF COURT SHALL CLOSE THIS CASE. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 12/28/17. 12/28/17 ENTERED AND COPIES MAILED TO PRO SE' AND WARDEN SCI HUNTINGDON. (ky, )

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KELSEY et al v. PHILADELPHIA POLICE DEPARTMENT et al Doc. 6 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JOSEPH KELSEY, Plaintiff, : : : v. : : PHILADELPHIA POLICE DEPARTMENT, et al. : Defendants. : CIVIL ACTION NO. 17-5199 ORDER AND NOW, this 28th day of December, 2017, upon consideration of plaintiff’s motion to proceed in forma pauperis and his pro se complaint, it is ORDERED that: 1. Leave to proceed in forma pauperis is GRANTED. 2. Plaintiff Joseph Kelsey, #LK-8669, shall pay the full filing fee of $350 in installments, pursuant to 28 U.S.C. § 1915(b). Based on the financial information provided by plaintiff, an initial partial filing fee of $19.59 is assessed. The Superintendent or other appropriate official at the State Correctional Institution at Huntingdon or at any other prison at which plaintiff may be incarcerated is directed to deduct $19.59 from plaintiff’s inmate trust fund account, when such funds become available, and forward that amount to the Clerk of the United States District Court for the Eastern District of Pennsylvania, 601 Market Street, Room 2609, Philadelphia, PA 19106, to be credited to Civil Action No. 17-5199. After the initial partial filing fee is collected and until the full filing fee is paid, the Superintendent or other appropriate official at the State Correctional Institution at Huntingdon or at any other prison at which plaintiff may be incarcerated, shall deduct from plaintiff’s account, each time that plaintiff’s inmate trust fund account exceeds $10, an amount no greater than 20 percent of the Dockets.Justia.com money credited to his account during the preceding month and forward that amount to the Clerk of Court at the address provided above to be credited to Civil Action No. 17-5199. 3. The Clerk of Court is directed to send a copy of this order to the Superintendent of the State Correctional Institution at Huntingdon. 4. The complaint is DISMISSED, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), for the reasons stated in the Court’s Memorandum. Plaintiff may not file an amended complaint in this case. Plaintiff’s claims are dismissed with prejudice, with the exception of any claims barred by Heck v. Humphrey, 512 U.S. 477 (1994), raised against non-immune defendants, which plaintiff may reassert in a new civil action only after his convictions have been reversed, vacated, or otherwise invalidated. 5. The Clerk of Court shall CLOSE this case. BY THE COURT: /s/ Jeffrey L. Schmehl JEFFREY L. SCHMEHL, J.

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