Summary
The United States District Court for the Middle District of Pennsylvania grants Darrell Jesse Rivera leave to proceed in forma pauperis and directs payment of the filing fee under 28 U.S.C. § 1915. The court dismisses claims against Dauphin County Prison with prejudice and claims against Mediko Correctional Healthcare and its medical staff without prejudice, while permitting Rivera to file an amended complaint.
Holdings
- Plaintiff's motion for leave to proceed in forma pauperis was granted.
- Plaintiff must pay the full $350.00 filing fee regardless of the outcome of the litigation, with an initial partial payment and subsequent installment payments deducted from his inmate account.
- All claims raised against Dauphin County Prison were dismissed with prejudice.
- All claims against Mediko Correctional Healthcare and all of its medical staff were dismissed without prejudice.
- Plaintiff was permitted to file an amended complaint by January 16, 2026, or to file a notice stating that he intended to stand on the existing complaint.
Questions Presented
- Whether Plaintiff should be granted leave to proceed in forma pauperis.
- How Plaintiff's filing fee must be collected under the Prison Litigation Reform Act.
- Whether the claims against Dauphin County Prison should be dismissed with prejudice.
- Whether the claims against Mediko Correctional Healthcare and its medical staff should be dismissed without prejudice and whether Plaintiff should be allowed to amend.
Disposition
other
Cases Cited (1)
- Weber v. McGrogan, 939 F.3d 232, 241 (3d Cir. 2019)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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