Summary
The United States District Court for the Middle District of Pennsylvania granted Ronald J. Yonkoski leave to proceed in forma pauperis and directed installment payments of the filing fee under 28 U.S.C. § 1915. The court filed and dismissed the complaint without prejudice under § 1915(e)(2)(B)(ii), permitting an amended complaint by January 2, 2026.
Holdings
- The plaintiff was granted leave to proceed in forma pauperis but remained responsible for paying the full $350 filing fee through the statutory initial-partial-fee and monthly-payment process.
- The complaint was dismissed without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).
- The plaintiff was permitted to file an amended complaint by January 2, 2026; if no amended complaint was filed, the court would close the case.
Questions Presented
- Whether the plaintiff should be permitted to proceed in forma pauperis and required to pay the filing fee through the statutory prisoner installment process.
- Whether the complaint should be dismissed without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).
- Whether the plaintiff should be granted leave to file an amended complaint.
Disposition
dismissed
Cases Cited (1)
- Weber v. McGrogan, 939 F.3d 232, 241 (3d Cir. 2019)(cited)
Cited In (0)
No citing cases on record yet.
Court Document
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