Hoffman v. Cuffaro et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JOEY HOFFMAN,
Plaintiff,
v.
JILLIAN CUFFARO, et al.,
Defendants.
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Civil No. 3:25-CV-02360
Judge Jennifer P. Wilson
ORDER
AND NOW, on this 5th day of January, 2026, for the reasons set forth in the
accompanying memorandum, IT IS ORDERED THAT:
1. Plaintiff ’s motion for leave to proceed in forma pauperis, Doc. 4, is
GRANTED.
2. Plaintiff shall pay the full filing fee of $350.00, based on the
financial information provided in the application to proceed in
forma pauperis. 	The full filing fee shall be paid regardless of the
outcome of the litigation.
3. Pursuant 	to 	28 	U.S.C. 	§ 	1915(b)(1) 	and 	(2), 	the
Superintendent/Warden, or other appropriate official at Plaintiff’s
place of confinement is directed to deduct an initial partial filing fee
of 20% of the greater of:
(A) the average monthly deposits in the inmate’s prison account for
the past six months, or
(B) the average monthly balance in the inmate’s prison account for
the past six months.
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4. The initial partial filing fee shall be forwarded to the Clerk of the
United States District Court for the Middle District of Pennsylvania,
P.O. Box 1148, Scranton, Pennsylvania, 18501-1148, to be credited
to the above-captioned docket number. In each succeeding month,
when the amount in the Plaintiff’s inmate prison account exceeds
$10.00, the Superintendent / Warden, or other proper official, shall
forward payments to the Clerk of Court equaling 20% of the
preceding month’s income credited to Plaintiff’s prison account
until the $350.00 fee is paid. 	Each payment shall reference the
above-captioned docket number.
5. The 	Clerk 	of 	Court 	shall 	send 	a 	copy 	of 	this 	Order 	to 	the
Superintendent/Warden 	of 	the 	institution 	wherein 	Plaintiff 	is
presently confined.
6. The complaint, Doc. 1, is FILED.
7. The complaint, Doc. 1, is DISMISSED pursuant to 28 U.S.C. §
1915(e)(2)(B)(ii).
8. All claims against Defendants Weldon, Rodriguez and Briggs are
DISMISSED without prejudice.
9. All Fifth and Eighth Amendment claims against Defendant Cuffaro
are DISMISSED with prejudice.
10. All First and Fourteenth Amendment claims against Defendant
Cuffaro are DISMISSED without prejudice.
11. Plaintiff may file an amended complaint by February 6, 2026. 1
This amended complaint shall be titled “Amended Complaint” and
shall be filed under the case number captioned above.
1 If Plaintiff does not wish to amend the complaint, he may file a notice stating that he intends to
stand on the complaint. If Plaintiff files such notice, the court will enter a final order dismissing
the complaint so that an appeal may be filed. See Weber v. McGrogan, 939 F.3d 232, 241 (3d
Cir. 2019).
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12. The Clerk of Court is directed to forward two (2) copies of the civil
rights complaint form for Plaintiff’s use in drafting his amended
complaint.
s/Jennifer P. Wilson
JENNIFER P. WILSON
United States District Judge
Middle District of Pennsylvania
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