PERNELL v. FEDERAL BUREAU OF PRISONS
| ARYA MILAN PERNELL and AARON MICHAEL PERNELL |
| FEDERAL BUREAU OF PRISONS |
| 2:2021cv03344 |
| July 26, 2021 |
| US District Court for the Eastern District of Pennsylvania |
| PAUL S DIAMOND |
| Prisoner Petitions: Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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| Document Text |
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| A COPY OF DOC. NO. 3 ALONG WITH A PRISONER IFP FORM MAILED TO PRO SE ON 8/20/21. (amas, ) |
Filing 3
ORDERED THAT BECAUSE IT APPEARS THAT THE COURT IS WITHOUT JURISDICTION TO HEAR THIS MATTER, IT IS DISMISSED WITHOUT PREJUDICE SO THAT PERNELL MAY PROCEED IN THE APPROPRIATE FORUM. 2. IF PERNELL NONETHELESS SEEKS TO PROCEED WITH THIS ACTION IN THIS COURT SHE MUST, WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER, EITHER (1) PAY $402 (THE $350 FILING FEE AND $52 ADMINISTRATIVE FEE) TO THE CLERK OF COURT, OR (2) FILE A MOTION TO PROCEED IN FORMA PAUPERIS WITH A CERTIFIED COPY OF HER PRISONER ACCOUNT STATEMENT (OR INSTITUTIONAL EQUIVALENT) SHOWING ALL DEPOSITS, 3 WITHDRAWALS, AND A CURRENT BALANCE, FROM ANY CORRECTIONAL FACILITY IN WHICH SHE WAS CONFINED FOR THE SIX-MONTH PERIOD FROM JANUARY 26, 2021 THROUGH JULY 26, 2021, REFLECTING ACCOUNT ACTIVITY FROM THAT TIME PERIOD. 3. THE CLERK OF COURT SHALL MAIL PERNELL A BLANK COPY OF THIS COURTS CURRENT STANDARD PRISONER IN FORMA PAUPERIS FORM BEARING THE ABOVE CIVIL ACTION NUMBER. PERNELL MAY USE THIS FORM TO SEEK LEAVE TO PROCEED IN FORMA PAUPERIS IF SHE CANNOT AFFORD TO PAY THE FEES TO COMMENCE THIS CASE. THIS FORM IS ALSO AVAILABLE ON THE COURTS WEBSITE HTTPS://WWW.PAED.USCOURTS.GOV/DOCUMENTS/FORMS/IFPSFRM.PDF. 4. IF PERNELL IS GRANTED LEAVE TO PROCEED IN FORMA PAUPERIS, SHE WILL BE OBLIGATED TO PAY THE $350 FILING FEE IN INSTALLMENTS PURSUANT TO 28 U.S.C. 1915(B), EVEN IF HER CASE IS DISMISSED. SHE WILL NOT BE ENTITLED TO THE RETURN OF ANY PAYMENTS MADE TOWARD THE FEE. 5. IF PERNELL DID NOT INTEND TO INITIATE A FEDERAL CIVIL RIGHTS LAWSUIT BY MAILING THE LETTER TO THE COURT, OR IF, AFTER REVIEW OF THIS ORDER, PERNELL SHOULD DECIDE NOT TO PURSUE THIS ACTION FURTHER, SHE MAY FILE A NOTICE OF DISMISSAL PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(A). FED. R. CIV. P. 41(A)(1)(A)(I) (THE PLAINTIFF MAY DISMISS AN ACTION WITHOUT A COURT ORDER BY FILING:A NOTICE OF DISMISSAL BEFORE THE OPPOSING PARTY SERVES EITHER AN ANSWER OR A MOTION FOR SUMMARY JUDGMENT). 6. IF PERNELL FAILS TO COMPLY WITH THIS ORDER, HER CASE MAY BE DISMISSED WITHOUT FURTHER NOTICE FOR FAILURE TO PROSECUTE. SIGNED BY HONORABLE PAUL S. DIAMOND ON 8/19/21. 8/19/21 ENTERED AND COPIES NOT MAILED TO PLAINTFF.(jaa, )
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| DOC. 2 MAILED TO PRO SE. (sg, ) |
| Filing 2 PRO SE NOTICE RE:GUIDELINES (jaa, ) |
| Filing 1 COMPLAINT against FEDERAL BUREAU OF PRISONS, filed by ARYA MILAN PERNELL. *NO FILING FEE OR IFP. (jaa, ) |
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