EVERETTS v. PENNSYLVANIA STATE POLICE et al
| SHANE ALBERT EVERETTS |
| PENNSYLVANIA STATE POLICE, SGT JOHN DOE "WALTMIRE", JOHN DOE OSHLICK, JOHN DOE EMERY and JOHN DOE MGRADY |
| 2:2021cv01209 |
| September 10, 2021 |
| 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 |
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Filing 4
ORDER TO SHOW CAUSE why this case should not be dismissed for Plaintiff's failure to prosecute insofar as Plaintiff has failed to comply with this Court's Order dated September 16, 2021 at ECF No. 2. In that Order, Plaintiff was directed to return his signed Authorization Form by September 26, 2021 and to pay an initial partial filing fee of $106.33 by October 16, 2021. As of today, the Court has received neither. Plaintiff will be given one last opportunity to comply. If, by November 12, 2021, Plaintiff has failed to comply with the Court's Order, or otherwise show cause why this case should not be dismissed for his failure to do so, then this case will be dismissed for his failure to prosecute. Signed by Magistrate Judge Lisa Pupo Lenihan on October 28, 2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kcb)
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| Filing 3 COMPLAINT against JOHN DOE EMERY, JOHN DOE MGRADY, JOHN DOE OSHLICK, PENNSYLVANIA STATE POLICE, SGT JOHN DOE "WALTMIRE" ), filed by SHANE ALBERT EVERETTS. (Attachments: #1 Exhibit) (jd) |
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Filing 2
ORDER granting #1 Plaintiff's Motion for Leave to Proceed in forma pauperis to the extent that the case may proceed without the prepayment of the entire $350.00 filing fee. However, Plaintiff shall pay $106.33 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 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 the Clerk of Court shall mail a copy of this Order to the Inmate Account Officer at Plaintiff's place of confinement if and once Plaintiff has returned his authorization form. IT IS FURTHER ORDERED that this action may be dismissed for failure to prosecute if Plaintiff fails to return the authorization form within TEN (10) DAYS from the date of this Order or if Plaintiff authorizes payments and the initial partial filing fee is not received within THIRTY (30) DAYS from the date of this Order. IT IS FURTHER ORDERED that #1 Plaintiff's Motion for Court Order of 6 Month Account Statement is DENIED as moot and his #1 Motion for Waiver of Prepayment of USM Service of Summons is DENIED. AND IT IS FURTHER ORDERED that the Clerk of Court docket the Complaint and any attachments thereto. Signed by Magistrate Judge Lisa Pupo Lenihan on September 16, 2021. (Attachments: #1 Exhibit Authorization Form) (kcb)
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| Filing 1 MOTION for Leave to Proceed in forma pauperis by SHANE ALBERT EVERETTS. (Attachments: #1 Complaint lodged pending disposition of IFP Motion, #2 SUPPLEMENT, #3 Envelope) (jd) |
| MOTION Court Order of 6 Month Account Statement re #1 MOTION for Leave to Proceed in forma pauperis filed by SHANE ALBERT EVERETTS, MOTION for Waiver of PrePayment of USM Service of Summons by SHANE ALBERT EVERETTS. (jd) |
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