Isaiah Best, et al. v. SCI-Phoenix, et al.

Summary

The United States District Court for the Eastern District of Pennsylvania grants Isaiah Best leave to proceed in forma pauperis and directs payment of the filing fee in installments. The order dismisses Michael James Mark Sinclair as a plaintiff and dismisses several claims and defendants without prejudice, while allowing Best 30 days to amend his complaint or notify the court that he will stand on the original complaint.

Holdings

1. Best was granted leave to proceed in forma pauperis, but he remains responsible for paying the full $350 filing fee in installments under 28 U.S.C. § 1915(b), regardless of the outcome of the case.
2. Michael James Mark Sinclair was dismissed without prejudice as a named plaintiff because he failed to pay the fees or file a compliant in forma pauperis motion with a certified six-month prisoner-account statement after being given thirty days and warned of dismissal.
3. Best's federal claims seeking monetary damages against the Commonwealth of Pennsylvania, the Pennsylvania Department of Corrections, SCI Phoenix, and the United States were dismissed without prejudice and without leave to amend.
4. Best's federal claims against Superintendent Joseph Terra were dismissed without prejudice.
5. Best's state-law negligence claims were dismissed without prejudice for lack of subject matter jurisdiction.
6. Best was permitted to file a complete amended complaint within thirty days or file a notice stating that he would stand on the original complaint; failure to respond would be treated as an intent to stand on the complaint and would lead to a final dismissal order.
7. The six-factor test announced in Poulis is not applicable to a dismissal based on a plaintiff's decision to stand on the complaint or abandonment that leaves the case without an operative pleading.

Questions Presented

1. Whether Best should be permitted to proceed in forma pauperis and pay the filing fee through installments.
2. Whether Sinclair should remain a named plaintiff after failing to comply with the court's order concerning the filing fee and prisoner-account statement.
3. Whether Best's federal claims for monetary damages against the Commonwealth of Pennsylvania, the Pennsylvania Department of Corrections, SCI Phoenix, and the United States should be dismissed.
4. Whether Best's federal claims against Superintendent Joseph Terra should be dismissed.
5. Whether Best's state-law negligence claims should be dismissed for lack of subject matter jurisdiction.
6. Whether Best should be afforded leave to amend or an opportunity to stand on the original complaint.

Disposition

other