THOMAS v. MCGINLEY et al

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
CHRISTIAN SCOTT THOMAS, 	: 	CIVIL ACTION NO. 1:25-CV-1658
:
Plaintiff 	: 	(Judge Neary)
:
v. 	:
:
THOMAS MCGINLEY, et al., 	:
:
Defendants 	:
ORDER
AND NOW, this 26th day of November, 2025, upon review of plaintiff’s
application for leave to proceed in forma pauperis, and further upon review of the
complaint pursuant to 28 U.S.C. § 1915(e)(2) and 28 U.S.C. § 1915A, and for the
reasons set forth in the accompanying memorandum, it is hereby ORDERED that:
1. 	Plaintiff’s application for leave to proceed in forma pauperis, (Doc. 8),
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. 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% or 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.
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, 235 N. Washington Avenue, Scranton, Pennsylvania,
18501-1148, to be credited to the above-captioned docket number. In
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each succeeding month, when the amount in plaintiff’s inmate trust
fund account exceeds $10.00, the Superintendent/Warden, or other
appropriate official, shall forward payments to the Clerk of Court
equaling 20% of the preceding month’s income credited to plaintiff’s
inmate trust fund account until the fees are paid. Each payment shall
reference the above-captioned docket number.
3. 	The Clerk of Court is DIRECTED to send a copy of this order to the
Superintendent/Warden of the institution where plaintiff is presently
confined.
4. 	Plaintiff’s complaint (Doc. 2) is DISMISSED without prejudice.
5. 	Plaintiff may file an amended complaint on or before December 26,
2025, to cure the deficiencies identified in the court’s memorandum
opinion. Any amended complaint filed pursuant to this order shall be
filed to the same docket number as the instant action, shall be entitled
“Amended Complaint,” and shall be complete in all respects. It shall
be a new pleading that stands by itself as an adequate complaint under
the Federal Rules of Civil Procedure.
6. 	If plaintiff does not file an amended complaint by the above date, this
case will be dismissed with prejudice for the reasons stated in the
accompanying memorandum.
/S/ K ELI M. N EARY
Keli M. Neary
United States District Judge
Middle District of Pennsylvania
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