COVERT v. COUNTY PRISON MEDICAL DEPART et al, No. 2:2018cv00550 - Document 10 (E.D. Pa. 2018)

Court Description: OPINION/ORDER THAT THE APPLICATION TO PROCEED IN FORMA PAUPERIS IS GRANTED. THE CLERK OF COURT IS DIRECTED TO SEND A COPY OF THIS ORDER TO WARDEN OF CURRAN-FROMHOLD CORRECTIONAL FACILITY. THE COMPLAINT AND AMENDED COMPLAINT ARE DISMISSED WITHOUT PR EJUDICE. THE CLERK OF COURT IS DIRECTED TO SEND THE PLAINTIFF A BLANK FORM COMPLAINT TO BE USED BY A PRISONER PURSUANT TO 42 U.S.C. 1983, ETC. SIGNED BY HONORABLE EDWARD G. SMITH ON 4/3/18. 4/3/18 ENTERED AND COPIES MAILED TO PRO SE' WITH 42:1983 COMPLAINT FORM AND WARDEN CFCC.(ky, )

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COVERT v. COUNTY PRISON MEDICAL DEPART et al Doc. 10 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA DONTA COVERT, : : : : : : : : : : : Plaintiff, v. DEPARTMENT OF COUNTY / STATE MEDICAL, MENTAL / BEHAVIOR HEALTH PENN – MEDICINE, Defendants. CIVIL ACTION NO. 18-550 ORDER AND NOW, this 3rd day of April, 2018, after considering the application to proceed in forma pauperis, complaint, amended complaint, and inmate trust fund account statement filed by the pro se plaintiff, Donta Covert (Doc. Nos. 1, 3, 7, 8), and for the reasons set forth in the separately filed memorandum opinion, it is hereby ORDERED as follows: 1. The application to proceed in forma pauperis (Doc. No. 7) is GRANTED and the plaintiff has leave to proceed in forma pauperis; 2. The plaintiff, Donta Covert #779315, shall pay the full filing fee of $350 in installments, under 28 U.S.C. § 1915(b). Based on the financial information provided by the plaintiff, an initial partial filing fee of $15.77 is assessed. The warden or other appropriate official at the Curran-Fromhold Correctional Facility, where the plaintiff is presently confined, or at any other prison at which the plaintiff may be confined is directed to deduct $15.77 from the 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. 18550. In each succeeding month when the amount in the plaintiff’s inmate trust fund account Dockets.Justia.com 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 the plaintiff’s inmate trust fund account until the fees are paid. Each payment shall reference the docket number for this case, Civil Action No. 18-550; 3. The clerk of court is DIRECTED to send a copy of this order to the warden of the Curran-Fromhold Correctional Facility; 4. The plaintiff’s complaint and amended complaint (Doc. Nos. 1, 3) are DISMISSED for the failure to state a claim, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) and Rule 8 of the Federal Rules of Civil Procedure. This dismissal is WITHOUT PREJUDICE to the plaintiff filing a second amended complaint in this action within thirty (30) days of the date of this order in the event he can cure the defects noted in the court’s separately filed memorandum opinion. Any second amended complaint must identify all defendants in the caption and clearly state the basis for the plaintiff’s claims against each defendant. Upon the filing of a second amended complaint, the clerk of court shall not make service until so ordered by this court; 5. The clerk of court is DIRECTED to send the plaintiff a blank form complaint to be used by a prisoner filing a civil rights action pursuant to 42 U.S.C. § 1983. The clerk of court shall write the civil action number of this case on the complaint form; and 6. If the plaintiff fails to file a second amended complaint within the time set forth in paragraph 4 of this order, the court may dismiss this case for the failure to prosecute without further notice to him. BY THE COURT: /s/ Edward G. Smith EDWARD G. SMITH, J. 2

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