TWITTY v. BARNS et al
| ANTHONY S. TWITTY |
| TERRI SECHRENGOST, CASEY THORNLEY, DR. MUHAMMAD NAJI, MARGRETT BARNS and DIRECTOR, CEO OR PRESIDENT OF WELL PATH |
| 3:2020cv00142 |
| July 22, 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 |
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Filing 8
ORDER construing Plaintiff's inmate account statement (ECF No. 7-1) that is attached to his filing titled "Return of Documents Submitted to the Court by Prison Inmate Accounts Where the Court Returned Such Documents Causing an Administrative Breakdown," (ECF No. 7), as a renewed Motion for Leave to Proceed in forma pauperis and granting same to the extent that this 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 $36.06 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 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. 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 18, 2020. (Attachments: #1 Exhibit Authorization Form)(kcb)
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| Filing 7 Return of Documents submitted to the Court by Prison Inmate Accounts and returned by the Court. (Attachments: #1 Exhibit) (sdp) |
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Filing 6
ORDER denying #5 Plaintiff's Motion for Reconsideration of this Court's #4 Order denying his #3 Motion for Leave to Proceed IFP. Plaintiff states that his inmate account statement was mailed to the Court by the facility's inmate account office and he attaches a Request slip that indicates it was done on or about August 5, 2020. Plaintiff states that he cannot submit his inmate account statement himself and he asks the Court to reconsider its Order denying his previous Motion for IFP and grant him leave to proceed IFP. Plaintiff is hereby informed that this Court never received his inmate account statement. Plaintiff is also advised that there are hundreds of prisoner complaints filed in this Court every year and that prisoners rarely have issues submitting their inmate account statements, especially when they are incarcerated within the Pennsylvania DOC like Plaintiff. For this reason, this Court will not reconsider its previous Order denying Plaintiff's Motion for IFP on the basis requested in his motion. In order for this case to be reopened, Plaintiff must submit another Motion for IFP, affidavit and copy of his inmate account statement for the six month period immediately preceding the filing of his complaint. Signed by Magistrate Judge Lisa Pupo Lenihan on September 15, 2020. 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 5 MOTION for Reconsideration re #4 Order on Motion for Leave to Proceed in forma pauperis,, by ANTHONY S. TWITTY. (Attachments: #1 Envelope) (sdp) |
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Filing 4
ORDER that Plaintiff's Motion to Proceed In Forma Pauperis (ECF. No. #3 ) is DENIED. 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 08/31/2020. (jmb)
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| Filing 3 MOTION for Leave to Proceed in forma pauperis by ANTHONY S. TWITTY. (Attachments: #1 Authorization, #2 Envelope) (ma) |
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Filing 2
ORDER that Plaintiff's Motion to Proceed In Forma Pauperis (ECF. No. #1 ) is DENIED. 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. AND IT IS FURTHER ORDERED that the parties are allowed fourteen (14) days from this date to appeal this order to a district judge pursuant to Local Rule 72.C.2. Failure to appeal within fourteen (14) days may constitute waiver of the right to appeal. Signed by Magistrate Judge Lisa Pupo Lenihan on 07/28/2020. (jmb)
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| Filing 1 MOTION for Leave to Proceed in forma pauperis by ANTHONY S. TWITTEY. (Attachments: #1 Complaint, #2 Envelope) (jv) |
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