HART v. O.F. OBERLANDER et al

DocketDocument Nos. 7 & 8 mailed to pro se plff and Superintendent of SCI-Forest and blank copy of civil rights complaint mailed to pro se plff. (kw, ) (Entered: 09/08/2020)

Docket(#8) ORDERED THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED. WILLIE HART, #MH-9718, 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 SUPERINTENDENT OF SCI FOREST OR OTHER APPROPRIATE OFFICIAL TO ASSESS AN INITIAL FILING FEE OF 20% OF THE GREATER OF (A) THE AVERAGE MONTHLY DEPOSITS TO HARTS INMATE ACCOUNT; OR (B) THE AVERAGE MONTHLY BALANCE IN HARTS INMATE ACCOUNT FOR THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE FILING OF THIS CASE. THE SUPERINTENDENT 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 HARTS INMATE TRUST FUND ACCOUNT EXCEEDS $10.00, THE SUPERINTENDENT OR OTHER APPROPRIATE OFFICIAL SHALL FORWARD PAYMENTS TO THE CLERK OF COURT EQUALING 20% OF THE PRECEDING MONTHS INCOME CREDITED TO HARTS INMATE ACCOUNT UNTIL THE FEES ARE PAID. EACH PAYMENT SHALL REFER TO THE DOCKET NUMBER FOR THIS CASE. THE CLERK OF COURT SHALL SEND A COPY OF THIS ORDER TO THE SUPERINTENDENT OF SCI FOREST. THE COMPLAINT IS DEEMED FILED. THE COMPLAINT IS DISMISSED WITHOUT PREJUDICE FOR FAILURE TO STATE A CLAIM PURSUANT TO 28 U.S.C. 1915(E)(2)(B)(II), FOR THE REASONS IN THE COURTS MEMORANDUM. HART IS GIVEN LEAVE TO AMEND WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER IN THE EVENT HE CAN STATE A PLAUSIBLE BASIS FOR A CLAIM AGAINST AN APPROPRIATE DEFENDANT. ANY AMENDED COMPLAINT MUST IDENTIFY ALL DEFENDANTS IN THE CAPTION OF THE AMENDED COMPLAINT IN ADDITION TO IDENTIFYING THEM IN THE BODY OF THE AMENDED COMPLAINT AND SHALL STATE THE BASIS FOR HARTS CLAIMS AGAINST EACH DEFENDANT. THE AMENDED COMPLAINT SHALL BE A COMPLETE DOCUMENT THAT DOES NOT RELY ON THE INITIAL COMPLAINT OR OTHER PAPERS FILED IN THIS CASE TO STATE A CLAIM. WHEN DRAFTING HIS AMENDED COMPLAINT, HART SHOULD BE MINDFUL OF THE COURTS REASONS FOR DISMISSING THE CLAIMS IN HIS INITIAL COMPLAINT AS EXPLAINED IN THE COURTS MEMORANDUM. UPON THE FILING OF AN AMENDED COMPLAINT, THE CLERK SHALL NOT MAKE SERVICE UNTIL SO ORDERED BY THE COURT.THE CLERK OF COURT IS DIRECTED TO FURNISH HART WITH A BLANK COPY OF THISCOURTS CURRENT STANDARD FORM TO BE USED BY A PRISONER FILING A CIVIL RIGHTS ACTION BEARING THE ABOVE- CAPTIONED CIVIL ACTION NUMBER AS OUTLINED HEREIN. SIGNED BY CHIEF JUDGE JUAN R. SANCHEZ ON 8/19/20. 8/19/20 ENTERED AND COPIES NOT MAILED TO PLAINTIFF AND EMAILED TO SUPERINTENDENT.(jaa, ) (Entered: 08/19/2020)

Docket(#7) MEMORANDUM AND/OR OPINION. SIGNED BY CHIEF JUDGE JUAN R. SANCHEZ ON 8/19/20. 8/19/20 ENTERED AND COPIES NOT MAILED TO PLAINTIFF.(jaa, ) (Entered: 08/19/2020)

Docket(#6) Exhibit filed by WILLIE HART.(mbh, ) (Entered: 08/11/2020)

Docket(#5) MOTION for Leave to Proceed in forma pauperis filed by WILLIE HART..(fdc, ) (Entered: 08/11/2020)

Docket(#4) Letter dated 7/29/20 by WILLIE HART (fdc, ) (Entered: 08/11/2020)

DocketDOC. NO. #3 MAILED TO PRO SE WITH IFP FORMS ON 7/22/20.(amas, ) (Entered: 07/22/2020)

Docket(#3) ORDERED THAT IF HART SEEKS TO PROCEED WITH THIS ACTION HE MUST, WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER, EITHER (1) PAY $400 (THE $350 FILING FEE AND $50 ADMINISTRATIVE FEE) TO THE CLERK OF COURT, OR (2) FILE A MOTION TO PROCEED IN FORMA PAUPERIS WITH A CERTIFIED COPY OF HIS PRISONER ACCOUNT STATEMENT (OR INSTITUTIONAL EQUIVALENT) SHOWING ALL DEPOSITS, WITHDRAWALS, AND A CURRENT BALANCE, FROM ANY CORRECTIONAL FACILITY IN WHICH HE WAS CONFINED FOR THE SIX-MONTH PERIOD FROM JANUARY 13, 2020 THROUGH JULY 13, 2020, REFLECTING ACCOUNT ACTIVITY FROM THAT TIME PERIOD.IF HART IS ULTIMATELY GRANTED LEAVE TO PROCEED IN FORMA PAUPERIS, HE WILL BE OBLIGATED TO PAY THE $350 FILING FEE IN INSTALLMENTS PURSUANT TO 28 U.S.C. 1915(B), EVEN IF HIS CASE IS DISMISSED. HE WILL NOT BE ENTITLED TO THE RETURN OF ANY PAYMENTS MADE TOWARD THE FEE. THE CLERK OF COURT SHALL FURNISH HART WITH A BLANK COPY OF THIS COURTS CURRENT STANDARD PRISONER IN FORMA PAUPERIS FORM BEARING THE ABOVE CIVIL ACTION NUMBER. HART MAY USE THIS FORM TO SEEK LEAVE TO PROCEED IN FORMA PAUPERIS IF HE CANNOT AFFORD TO PAY THE FEES TO COMMENCE THIS CASE AS OUTLINED HEREIN. SIGNED BY CHIEF JUDGE JUAN R. SANCHEZ ON 7/21/20. 7/22/20 ENTERED AND COPIES NOT MAILED TO PLAINTIFF.(jaa, ) (Entered: 07/22/2020)

Docket(#2) PRO SE NOTICE RE:GUIDELINES (bw, ) (Entered: 07/21/2020)

Docket(#1) COMPLAINT against GWENDOLYN N BRIGHT, ELIZABETH FISCHER, MEGAN GODDARD, PETER MARRENO, O.F. OBERLANDER, WENDY PEW, THE ATTORNEY FOR THE COMMONWEALTH OF PHILADELPHIA COUNTY OF 11-7-2013-10:15:58AM, filed by WILLIE HART. (NO FEE PAID; NO IFP FILED) (Attachments: #1 Case Management Track Form, #2 Designation Form)(bw, ) (Entered: 07/20/2020)