DRAYTON v. EDWARDS et al
| FRANKLYN DRAYTON |
| D. EDWARDS, MS. CAMPOPIANO, MS. A. SHOWALTER, JEFF SCHNECK and SUPERINTENDANT MORRIS L. HOUSER |
| 2:2022cv01606 |
| November 16, 2022 |
| US District Court for the Western District of Pennsylvania |
| Patricia L Dodge |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 pr Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 12, 2023. A more recent docket listing may be available from PACER.
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| Filing 20 Prisoner Trust Fund Account Statement by FRANKLYN DRAYTON. (Attachments: #1 Envelope) (dmh) |
Filing 19
Order #18 granting Plaintiff's Motion to Extend Time to Pay Initial Partial Filing Fee. The Court grants Plaintiff's request for an additional 3 months to pay the initial partial filing fee. The case may be reopened if the initial partial filing fee is paid on or before July 13, 2023. If not, Plaintiff shall file a status report on or before July 13, 2023 describing his financial situation and an updated Prisoner Trust Fund Account Statement. Signed by Magistrate Judge Patricia L. Dodge on 1/12/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cmh)
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| Filing 18 MOTION to Extend Time to Pay Initial Partial Filing Fee by FRANKLYN DRAYTON. (Attachments: #1 Status Report in Support of Motion, #2 Envelope) (ctb) |
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Filing 17
ORDER. Plaintiff's #16 Motion for Leave to Proceed without Prepayment of Initial Partial Filing Fee is granted in part and denied in part. Previously, in granting Plaintiff's Motion for IFP, the Court considered Plaintiff's Prisoner Trust Fund Account Statement (ECF No. 2) and ordered that "no later than January 13, 2023, the inmate account officer or other appropriate officer at Plaintiff's place of imprisonment shall submit an initial partial payment of twenty per cent (20%) of the greater of: 1) the average monthly deposits to Plaintiff's account for the past six months, or 2) the average monthly balance in Plaintiff's prison account for the past six month." (ECF No. 9.) This amount is $15.35 (twenty per cent (20%) of the average monthly deposits to Plaintiff's account for the past six months (see ECF No. 2)). Plaintiff seeks to proceed without paying the initial partial filing fee because he "is currently held in punitive segregation and is not permitted to work or receive [General Labor Pool ("GLP") income]." (ECF No. 16.) Plaintiff asserts that in the past five months he has only received a total of $10.00 for covid/flu shot incentives and a total of $35.16 from GLP (minus $7.17 for fees). (Id.) Plaintiff states that he will be released from punitive segregation in January 18, 2023 and will have no funds for the next several months due to debt accumulated in connection with submitting his complaint. (Id.) However, in the six months preceding Plaintiff's Motion for IFP, see 28 USC Section 1915(a)(2), Plaintiff had regular deposits into his Prisoner Trust Fund Account Statement (ECF No. 2), which were used to calculate the initial filing fee, see Section 1915(b)(1). Although Plaintiff's Motion for IFP identified certain deposits as particularized deposits, such as income from family members of other inmates for him to purchase things on behalf of other inmates (ECF No. 1) or one-time incentive payments for vaccinations, the term "income" in 1915(b)(2) means "all deposits to the prisoner's inmate account." In re Jackson, 674 F. App'x 147, 149 n.2 (3d Cir. 2017) (citing Cosby v. Meadors, 351 F.3d 1324, 1326 (10th Cir. 2003) and Lucien v. DeTella, 141 F.3d 773, 776 (7th Cir. 1998)). These amounts were properly used to calculate the assess the initial filing fee. Thus, the Court will treat Plaintiff's #16 Motion for Leave to Proceed without Prepayment of Initial Partial Filing Fee as a Motion to Extend Time to Pay the Initial Partial Filing Fee from January 13, 2023 to April 13, 2023. In the interim, the Clerk of Court shall mark this case ADMINSTRATIVELY CLOSED. The case may be reopened if the initial partial filing fee is paid on or before April 13, 2023. If not, Plaintiff shall file a status report on or before April 13, 2023 describing his financial situation and an updated Prisoner Trust Fund Account Statement. Signed by Magistrate Judge Patricia L. Dodge on 12/22/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mqe)
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| Filing 16 MOTION for Leave to Proceed Without Prepayment of Initial Partial Filing Fee re #8 Order on Motion for Leave to Proceed in forma pauperis, by FRANKLYN DRAYTON. (Attachments: #1 Envelope) (ctb) |
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Filing 15
ORDER denying without prejudice #11 MOTION to Appoint Counsel by FRANKLYN DRAYTON. Signed by Magistrate Judge Patricia L. Dodge on 12/13/2022. (mqe)
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Filing 14
ORDER denying as moot #12 Motion for Leave to Proceed [with] Service of Process Without Prepaying U.S. Marshal Fee. The Court has ordered service, which contains the Court's standard language that the "Costs of service shall be advanced by the United States." (ECF No. 13.) Thus, Plaintiff's Motion is HEREBY DENIED as moot. Signed by Magistrate Judge Patricia L. Dodge on 12/13/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mqe)
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Filing 13
ORDER that the Marshal is directed to mail a copy of the complaint, notice of lawsuit, request for waiver of service of summons, waiver, and this order to defendant as directed by plaintiff. Costs shall be advanced by the government. Signed by Magistrate Judge Patricia L. Dodge on 12/13/2022. (mqe)
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| Filing 12 MOTION for Service by U.S. Marshal without prepaying U.S. Marshal Fee by FRANKLYN DRAYTON. (ctb) |
| Filing 11 MOTION to Appoint Counsel by FRANKLYN DRAYTON. (ctb) |
| Filing 10 COMPLAINT against MS. CAMPOPIANO, D. EDWARDS, MORRIS L. HOUSER, JEFF SCHNECK, MS. A. SHOWALTER, filed by FRANKLYN DRAYTON. (ctb) |
| Filing 9 Errata re #8 Order on Motion for Leave to Proceed in forma pauperis, Reason for Correction: Incorrect Date (year) listed. (mqe) |
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Filing 8
ORDER granting #1 MOTION for Leave to Proceed in forma pauperis by FRANKLYN DRAYTON. An initial partial filing fee is due by January 13, 2023. The Clerk of Court is directed to file the Complaint and its attachments. Signed by Magistrate Judge Patricia L. Dodge on 12/12/2022. (mqe) Document removed from public view and refiled at #9 Errata; Modified on 12/12/2022 (ctb).
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| Filing 7 Authorization permitting withdrawal of prison account funds to pay filing fee by FRANKLYN DRAYTON. (Attachments: #1 Envelope) (ctb) |
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Filing 6
ORDER re #5 Remark: Correspondence. Signed by Magistrate Judge Patricia L. Dodge on 11/22/2022. (mqe)
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Filing 4
DEFICIENCY ORDER. The Clerk of Court shall mark this case CLOSED. Plaintiff may reopen this case by satisfying the filing deficiencies on or before December 19, 2022. Signed by Magistrate Judge Patricia L. Dodge on 11/18/2022. (mqe)
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| Filing 5 Remark: Correspondence (Attachments: #1 Envelope) (elt) |
| Filing 3 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option by FRANKLYN DRAYTON. (Attachments: #1 Envelope) (ctb) |
| Filing 2 Prisoner Trust Fund Account Statement by FRANKLYN DRAYTON. (Attachments: #1 Envelope) (ctb) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by FRANKLYN DRAYTON. (Attachments: #1 Complaint lodged pending disposition of IFP Motion, #2 Motion for Appointment of Counsel, #3 Motion for Leave to Proceed Service of Process without Prepaying U.S. Marshal Fee, #4 Envelope) (ctb) Reactivated: Modified on 12/12/2022 (mqe). |
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