The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JOHN CHRISTOPHER BROWN, :
Plaintiff, :
v. CIVIL ACTION NO. 20-CV-783
PRIMECARE HEALTH, et al.,
Defendants. :
WW ORDER
AND NOW, this Hy of February, 2020, upon consideration of John Christopher
Brown’s Motion to Proceed Jn Forma Pauperis (ECF No. 1), Prisoner Trust Fund Account
Statement (ECF No. 2), and pro se Complaint (ECF No. 3), it is ORDERED that:
1. Leave to proceed in forma pauperis is GRANTED pursuant to 28 U.S.C. § 1915.
2. John Christopher Brown, #QA8642, shall pay the full filing fee of $350 in
installments, pursuant to 28 U.S.C. § 1915(b), regardless of the outcome of this case. The Court
directs the Superintendent SCI Camp Hill or other appropriate official to assess an initial filing
fee of 20% of the greater of (a) the average monthly deposits to Brown’s inmate account; or (b)
the average monthly balance in Brown’s inmate account for the six-month period immediately
preceding the filing of this case. The Superintendent or other appropriate official shall calculate,
collect, and forward the initial payment assessed pursuant to this Order to the Court with a
reference to the docket number for this case. In each succeeding month when the amount in
Brown’s inmate trust fund account exceeds $10.00, the Superintendent or other appropriate
official shall forward payments to the Clerk of Court equaling 20% of the preceding month’s
income credited to Brown’s inmate account until the fees are paid. Each payment shall refer to
the docket number for this case.
3. The Clerk of Court is directed to SEND a copy of this Order to the
Superintendent of SCI Camp Hill.
4, The Complaint is DEEMED filed.
5. Brown’s Complaint is DISMISSED WITHOUT PREJUDICE for failure to
state a claim, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for the reasons stated in the Court’s
Memorandum. !
6. Brown is GRANTED leave to file an Amended Complaint no later than March
20, 2020.
BY THE COURT:
Oo □
1 An Order dismissing a motion without prejudice allows a plaintiff to cure the deficiency and
refile the motion. Order. Cf Ahmed v. Dragovich, 297 F.3d 201, 207 (3d Cir. 2002).