SEASE v. CRESHNER et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
DELONTE SHAMIR SEASE, 	:
Plaintiff, 	:
:
v. 	: 	No. 26-cv-5853
:
DR. CRESHNER, et al., 	:
Defendants. 	:
O R D E R
AND NOW, this 15th day of October, 2026, upon consideration of Plaintiff Delonte
Shamir Sease’s Motion to Proceed In Forma Pauperis (ECF No. 3), Prisoner Trust Fund
Account Statement (ECF No. 4), pro se Complaint (ECF No. 1), and Motion to Appoint Counsel
(ECF No. 5), it is ORDERED that:
1. 	The Motion for Leave to Proceed In Forma Pauperis (ECF No. 3) is GRANTED
pursuant to 28 U.S.C. § 1915.
2. 	Delonte Shamir Sease, #QQ-3864, 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 of SCI Phoenix or other appropriate official to assess an initial filing
fee of 20% of the greater of (a) the average monthly deposits to Sease’s inmate account; or (b)
the average monthly balance in Sease’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
Sease’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
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income credited to Sease’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 Phoenix.
4. 	The Complaint is DEEMED filed.
5. 	For the reasons stated in the Court’s Memorandum, Sease’s Complaint is
DISMISSED IN PART WITH PREJUDICE and DISMISSED IN PART WITHOUT
PREJUDICE, as set forth in the Memorandum, as follows:
a. 	All official capacity claims are DISMISSED WITH PREJUDICE.
b. 	All claims against Dr. Creshner, Joseph Terra, Charles Hensley, and Lisa
Durrand and the Eighth and Fourteenth Amendment claims against C.
Ferrogine are DISMISSED WITHOUT PREJUDICE for failure to state a
claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).
6. 	The Clerk of Court is DIRECTED to send Sease a blank copy of the Court’s
standard form complaint for prisoners to use to file a complaint bearing the above civil action
number.
7. 	Sease is given thirty (30) days from the date of this Order to file an amended
complaint in the event he can allege additional facts to state plausible Eighth and Fourteenth
Amendment claims. Any amended complaint shall identify all defendants in the caption of the
amended complaint in addition to identifying them in the body of the amended complaint, shall
state the basis for Sease’s claims against each defendant, and shall bear the title “Amended
Complaint” and the case number 26-5853. If Sease files an amended complaint, his amended
complaint must be a complete document that includes all of the bases for Sease’s claims,
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including claims that the Court has not yet dismissed if he seeks to proceed on those claims. For
example, if Sease files an amended complaint, he must include in that amended complaint
the allegations supporting his First Amendment retaliation claim asserted against
Ferrogine, which have not been dismissed, if he seeks to proceed with this claim. Claims
that are not included in the amended complaint will not be considered part of this case. When
drafting his amended complaint, Sease should be mindful of the Court’s reasons for dismissing
his claims as explained in the Court’s Memorandum. Upon the filing of an amended complaint,
the Clerk shall not make service until so ORDERED by the Court.
8. 	If Sease does not file an amended complaint the Court will direct service of his
initial Complaint on Defendant C. Ferrogine as to the First Amendment retaliation claim only.
Sease may also notify the Court that he seeks to proceed solely on this claim rather than file an
amended complaint. If he files such a notice, Sease is reminded to include the case number for
this case, 26-5953.
9. 	The Motion to Appoint Counsel (ECF No. 5) is DENIED without prejudice.
10. 	The time to serve process under Federal Rule of Civil Procedure 4(m) is
EXTENDED to the date 90 days after the Court issues summonses in this case if summonses are
issued.
BY THE COURT:
/s/ Joseph F. Leeson, Jr.
JOSEPH F. LEESON, JR.
United States District Judge
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