MILLER v. CHESTER COUNTY PRISON

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Case 2:25-cv-05723-KNS
Document 9 Filed 01/08/26 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
IN RE:
:
:
CIVIL ACTION NO. 25-CV-5723
SHADAYA MILLER
·
ORDER
AND NOW, this
5
January 2026
day of December, 2025, upon consideration of Shadaya Miller's
Motion to Proceed In Forma Pauperis (ECF No. 5), Prisoner Trust Fund Account Statement
(ECF No. 6), and pro se Amended Complaint (ECF No. 7), it is ORDERED that:
1. The Clerk of Court is DIRECTED to reopen this case.
2. The Clerk of Court is further DIRECTED to vacate the December 1, 2025 Order (ECF No. 4) dismissing this case.
3. The Clerk of Court is further DIRECTED to update the caption to reflect that
Chester County Prison is the Defendant in this matter in accordance with the Amended Complaint.
4. Leave to proceed in forma pauperis is GRANTED pursuant to 28 U.S.C. § 1915.
5. Shadaya Miller, #0081247, 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 Warden of Chester County Prison or other appropriate official to assess an initial filing fee of 20% of the greater of (a) the average monthly deposits to Miller's inmate account; or (b) the average monthly balance in Miller's inmate account for the six-month period immediately preceding the filing of this case. The Warden 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 Miller's inmate
AUTHENTICATED U.S. GOVERNMENT INFORMATION GPO

Case 2:25-cv-05723-KNS
Document 9 Filed 01/08/26 Page 2 of 2
trust fund account exceeds $10.00, the Warden or other appropriate official shall forward payments to the Clerk of Court equaling 20% of the preceding month's income credited to Miller's inmate account until the fees are paid. Each payment shall refer to the docket number for this case.
6. The Clerk of Court is DIRECTED to send a copy of this Order to the Warden of Chester County Prison.
7. The Amended Complaint is DEEMED filed.
8. Miller's Amended Complaint is DISMISSED WITH 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.
9. The Clerk of Court is DIRECTED to CLOSE this case.
BY THE COURT:
KAI N. SCOTT, J.
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