PETTAWAY v. SMOCK et al
| WAYNE PETTAWAY |
| COMMONWEALTH OF PENNSYLVANIA and MS. SMOCK |
| 1:2018cv00285 |
| September 20, 2018 |
| US District Court for the Western District of Pennsylvania |
| Susan Paradise Baxter |
| Prisoner Civil Rights (Prison Condition) |
| 42 U.S.C. ยง 1983 pr |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 27, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 10 AFFIDAVIT by WAYNE PETTAWAY; Affiant: WAYNE PETTAWAY. (Attachments: #1 Envelope) (ept) |
| Filing 9 Authorization permitting withdrawal of prison account funds to pay filing fee by WAYNE PETTAWAY. (Attachments: #1 Envelope) (ept) |
| Filing 8 Authorization permitting withdrawal of prison account funds to pay filing fee by WAYNE PETTAWAY. (ept) |
| Filing 7 COMPLAINT against COMMONWEALTH OF PENNSYLVANIA, filed by WAYNE PETTAWAY. (ept) |
Filing 6
ORDER that the motion to proceed in forma pauperis #3 is GRANTED and the Clerk is directed to file the Complaint. The filing fee is $350 and Plaintiff having been granted leave to prosecute in forma pauperis, pursuant to the Prison Litigation Reform Act, the Superintendent/Warden of the institution where this inmate is incarcerated is directed to remit from the prisoners account, in monthly installments, the full $350 fee. Enclosed is a copy of the form Authorization which Plaintiff is directed to execute and return to the Clerk of Court or withdraw this action by November 9, 2018. Failure to do so may result in the dismissal of this action for failure to prosecute.IT IS HEREBY ORDERED that as soon as funds are available in the inmates prison account, the Superintendent/Warden shall submit an initial partial payment of twenty per cent (20%) of the greater of: 1) the average monthly deposits to the inmates account for the past six months, or 2) the average monthly balance in the inmates prison account for the past six months. The remittance must be accompanied by a statement of the calculations used to arrive at the amount, a copy of which the Superintendent/Warden shall furnish to the inmate. After the initial payment, if there remains any unpaid fee due and owing the Court, the Superintendent/Warden in any institution where the inmate is incarcerated is required by law to set aside and remit on a monthly basis twenty percent (20%) of the preceding months deposits credited to the prisoners account until the filing fee has been paid in full. Each time a deposit is made to the inmates account, the Superintendent/Warden shall set aside the deposit immediately before any disbursement is made by the inmate, until an amount equal to twenty percent (20%) of the previous months deposits is obtained. When the twenty percent (20%) amount is obtained, and the amount in the account exceeds ten dollars, it shall be transmitted in one monthly payment to the Clerk of Court. Each payment shall be clearly identified by name and number of the prisoner and the number assigned to this civil action. Payments must be made payable to Clerk, U.S. District Court of the Western District of Pennsylvania and transmitted to: Clerk of Court, U.S. District Court for Western District of Pennsylvania, 17 South Park Row, Erie, PA 16501. In the event the Plaintiff is transferred to a different correctional facility before the full filing fee is paid, this Order must be forwarded to the Superintendent/Warden of the receiving institution. This Order will be binding on the Superintendent/Warden of any correctional facility where the prisoner is incarcerated until the filing fee is paid in full in accordance with provisions of 28 U.S.C. 1915(b)(1). Signed by Judge Susan Paradise Baxter on 10/25/18. (Attachments: #1 Authorization) (lrw)
|
|
Filing 5
MEMORANDUM OPINION that the motion for IFP #3 will be granted. An appropriate Order follows. Signed by Judge Susan Paradise Baxter on 10/25/18. (lrw)
|
| Filing 4 MOTION to Appoint Counsel by WAYNE PETTAWAY. (Attachments: #1 Envelope) (ept) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by WAYNE PETTAWAY. (Attachments: #1 Envelope) (ept) |
|
Filing 2
ORDER that Plaintiff shall, on or before October 5, 2018, either 1) pay the filing fee and the administrative fee or 2) file a motion for leave to proceed in forma pauperis, along with the accompanying institutional account statement. Failure to comply with this Order may result in the dismissal of this action for failure to prosecute. Signed by Judge Susan Paradise Baxter on 9/25/18. (lrw)
|
| Filing 1 Remark: Complaint received with no filing fee or In Forma Pauperis motion. (Attachments: #1 Authorization by Prisoner, #2 Envelope) (ept) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Pennsylvania Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
