DRIVER v. WALTON et al
| ANTHONY DRIVER |
| CORRECTIONAL OFFICER GUISEPPE BARBIERE, DEPUTY WARDEN GEORGE LOWTHER, WARDEN WALTON, CORRECTIONAL OFFICER ALEXANDER CARUSO and CORRECTIONAL OFFICER FRANCIS HIRAK |
| 2:2020cv01052 |
| July 15, 2020 |
| US District Court for the Western District of Pennsylvania |
| Lisa Pupo Lenihan |
| Prisoner Civil Rights (Prison Condition) |
| 42 U.S.C. ยง 1983 pr |
| None |
Docket Report
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This docket was last retrieved on September 8, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 6 COMPLAINT against GUISEPPE BARBIERE, ALEXANDER CARUSO, FRANCIS HIRAK, GEORGE LOWTHER, WALTON ), filed by ANTHONY DRIVER. (sdp) |
Filing 5
ORDER re #3 Prisoner Trust Fund Account Statement filed by ANTHONY DRIVER, which the Court construes as a renewed Motion for Leave to Proceed in forma pauperis. IT IS FURTHER ORDERED that Plaintiff's Motion for Leave to Proceed in forma pauperis (ECF No. 3) is GRANTED to the extent that the case may proceed without the prepayment of the entire filing fee. While Plaintiff is still assessed the total $350.00 filing fee, he shall pay $14.15 as an initial partial filing fee as provided by 28 U.S.C. 1915(b)(1)(A). IT IS FURTHER ORDERED that the agency having custody of Plaintiff shall forward, within THIRTY (30) DAYS from the date of this Order, the initial partial filing fee to the Clerk of Court. IT IS FURTHER ORDERED that after the payment of the initial partial filing fee, each time a deposit is made to Plaintiff's account, the agency having custody of Plaintiff shall set aside the deposit immediately before any disbursement is made by Plaintiff, and when the amount in Plaintiff's account exceeds $10.00, the agency shall forward payments to this Court equaling 20% of the preceding month's income credited to his account until the filing fee for this case is paid in full. IT IS FURTHER ORDERED that this Order is binding on the superintendent/warden of any jail or correctional facility where Plaintiff is incarcerated until the filing fee is paid in full in accordance with the provisions of 28 U.S.C. 1915(b)(1). IT IS FURTHER ORDERED that the Clerk of Court shall mail a copy of this Order to the Inmate Account Officer at Plaintiff's place of confinement. IT IS FURTHER ORDERED that the Clerk of Court shall enclose with this Order an authorization form which Plaintiff shall complete and return to the Court within ten (10) days of entry of this Order. IT IS FURTHER ORDERED that this action may be dismissed for failure to prosecute if Plaintiff authorizes payments and the initial partial filing fee is not received within thirty (30) days from the date of this Order. AND IT IS FURTHER ORDERED that the Clerk of Court reopen this case and docket the Complaint and any attachments thereto. Signed by Magistrate Judge Lisa Pupo Lenihan on September 8, 2020. (Attachments: #1 Exhibit Authorization Form) (kcb)
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| Filing 4 Authorization permitting withdrawal of prison account funds to pay filing fee by ANTHONY DRIVER. (Attachments: #1 Proposed Order IFP Motion) (sdp) |
| Filing 3 Prisoner Trust Fund Account Statement by ANTHONY DRIVER. (Attachments: #1 Envelope) (sdp) |
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Filing 2
ORDER DENYING the #1 Motion for Leave to Proceed in forma pauperis. IT IS FURTHER ORDERED that the Clerk of Court is directed to mark this case closed. IT IS FURTHER ORDERED that the plaintiff may submit another motion to proceed in forma pauperis, along with a certified copy of the inmate account statement for the six (6) months preceding the filing of the complaint. If that resubmitted motion is granted, the case will be reopened. IT IS FURTHER ORDERED that the plaintiff may reopen the case by paying the $400.00 filing fee. Signed by Magistrate Judge Lisa Pupo Lenihan on 07/15/2020. (jmb)
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| Filing 1 MOTION for Leave to Proceed in forma pauperis by ANTHONY DRIVER. (Attachments: #1 complaint, #2 Envelope) (sdp) |
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