WILSON SR. v. MATELIS et al
| JIMMY LEE WILSON, SR. |
| BUCKS COUNTY CORRECTIONAL FACILITY, WARDEN MATELIS, MS. REED, CAPTAIN NOTTINGHAM, C/O BUNDA and LT. MANDA |
| 2:2023cv00909 |
| March 3, 2023 |
| US District Court for the Eastern District of Pennsylvania |
| NITZA I QUINONES ALEJANDRO |
| Prisoner Petitions: Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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| COPY OF COMPLAINT FORM HAS BEEN MAILED TO PRO SE. (bw) |
Filing 9
ORDERED that:1. Leave to proceed in forma pauperis is GRANTED pursuant to 28 U.S.C. 1915.2. Jimmy Lee Wilson, Sr., #022319, 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 Warden of Bucks County Correctional Facility or other appropriate official to assess an initial filing fee of 20% of the greater of (a) the average monthly deposits to Wilsons inmate account; or (b) the average monthly balance in Wilsons inmate account for the six-month period immediately preceding the filing of this case.3. The Clerk of Court is DIRECTED to send a copy of this Order to the Warden of Bucks County Correctional Facility.4. The Complaint is DEEMED filed.5. For the reasons stated in the Courts Memorandum, the following claims are DISMISSED, without prejudice, for failure to state a claim pursuant to 28 U.S.C. 1915(e)(2)(B)(ii); to wit: (1) all claims against Warden Matelis, Deputy Warden Reed, and Captain Nottingham; (2) all claims against Lieutenant Manda; and (3) all claims of deliberate indifference to medical needs.6. For the reasons set forth in the Courts Memorandum, Wilsons claims against Bucks County Correctional Facility are DISMISSED, with prejudice, for failure to state a claim pursuant to 28 U.S.C. 1915(e)(2)(B)(ii).7. The Clerk of Court is DIRECTED to terminate Bucks County Correctional Facility as a Defendant in this case.8. The Clerk of Court is DIRECTED to send Wilson a blank copy of the Courts standard form complaint for prisoners to use to file an amended complaint bearing the above civil action number.9. Wilson is given thirty (30) days to file an amended complaint in the event he can allege additional facts to state a plausible claims against Warden Matelis, Deputy Warden Reed, Captain Nottingham, or Lieutenant Manda, or claims based on deliberate indifference to medical needs. Upon the filing of an amended complaint, the Clerk shall not make service until so ORDERED by the Court. The time to serve process under Federal Rule of Civil Procedure 4(m) is EXTENDED to the date 90 days after the Court issues summonses in this case if summonses are issued.. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 4/6/2023. 4/7/2023 ENTERED AND COPIES NOT MAILED TO PRO SE. EMAILED TO WARDEN.(sg)
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| Filing 8 MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 4/6/2023. 4/7/2023 ENTERED AND COPIES NOT MAILED TO PRO SE.(sg) |
| PLEADING #8, #9 MAILED TO PRO SE (JL) |
| Filing 7 Prisoner Trust Fund Account Statement by JIMMY LEE WILSON, SR. (sg) (RECEIVED BY CHAMBERS) Modified on 4/4/2023 (lisad, ). |
| Filing 6 Letter dated 3/22/2023 by JIMMY LEE WILSON, SR (sg) |
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Filing 5
ORDERED that:1. Wilsons Motion for Leave to Proceed In Forma Pauperis is DENIED WITHOUT PREJUDICE2. If Wilson seeks to proceed in forma pauperis, he shall, within thirty (30) days of the date of this Order, file a certified copy of his prisoner account statement showing all deposits, withdrawals, and a current balance, from any correctional facility in which he was confined during the time period from September 3, 2022 to March 3, 2023. Alternatively, Wilson can proceed by submitting $402 (comprising the $350 filing fee and $52 administrative fee) to the Clerk of Court within thirty (30) days of the date of this Order.3. If Wilson is ultimately granted leave to proceed in forma pauperis, he will be obligated to pay the $350.00 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.4. If Wilson experiences difficulty obtaining a copy of his account statement, he may present this Order to an appropriate prison official, who shall promptly supply him with a certified copy of his prisoner account statement for the time period set forth in this Order. If Wilson cannot obtain the necessary records but still seeks to proceed with this case, he should file an affidavit with the Court attesting to the specific steps he took to obtain the account statement as required by 28 U.S.C. 1915(a)(2).5. If Wilson has been released from custody, he shall so notify the Court.2 It is Wilsons obligation to update the Court within fourteen days of any change of address. See Loc. R. Civ. P. 5.1(b). Failure to notify the Clerk of Court of an address change could result in court orders or other information not being timely delivered, which could affect the parties legal rights.6. The Clerk of Court is DIRECTED to send a copy of this Order to Wilson at the address he listed in the Complaint. The Clerk of Court is FURTHER DIRECTED to send a copy of this Order to Wilson at the alternate mailing address that he provided in Wilson v. Bucks County Correctional Facility, Civ. A. No. 23-0912 (E.D. Pa.), as follows: 207 Buckley Street, Bristol, PA 19007. These mailings shall be so noted on the docket.7. If Wilson fails to comply with this Order, his case may be dismissed without further notice for failure to prosecute.. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 3/17/2023. 3/20/2023 ENTERED AND COPIES MAILED TO PRO SE AT ADDRESS NOTED ON THE DOCKET AND THE ALTERNATE MAILING ADDRESS.(sg)
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| Copy of pro se guidelines #4 mailed to pro se JIMMY LEE WILSON SR. (afm) Modified on 3/10/2023 (va). |
| Filing 4 PRO SE NOTICE RE: GUIDELINES. PRO SE PETITIONER NOT MAILED. (va) (Main Document 4 replaced on 3/10/2023) (va). |
| Filing 3 EXHIBITS by JIMMY LEE WILSON SR.. (va) Modified on 3/10/2023 (va). |
| Filing 2 COMPLAINT against BUCKS COUNTY CORRECTIONAL FACILITY, BUNDA, MANDA, MATELIS, NOTTINGHAM, REED, filed by JIMMY LEE WILSON SR..(va) Modified on 3/10/2023 (va). |
| Filing 1 MOTION for Leave to Proceed in forma pauperis filed by JIMMY LEE WILSON SR.. Envelope.(va) Modified on 3/10/2023 (va). |
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