Simmons v. Frantz et al

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
NYESHA LASHAE SIMMONS,
Plaintiff,
v.
SUPERINTENDENT WILLIAM
FRANTZ,
et al.,
Defendants.
CIVIL ACTION NO. 3:26-cv-02687
(SAPORITO, J.)
ORDER
AND NOW, this 16th day of October, 2026, in accordance with the
accompanying memorandum, IT IS HEREBY ORDERED THAT:
1. 	Upon review of her prisoner account statement, the plaintiff ’s
application for leave to proceed
in forma pauperis (Doc. 2) is GRANTED.
2. 	The 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
or 	warden, 	or 	other 	appropriate 	official 	at 	the 	plaintiff ’s 	place 	of
confinement, is directed to deduct an initial partial filing fee of 20% of
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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.
This 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 trust fund account exceeds $10.00, the
superintendent or warden, or other appropriate official, shall forward
payments to the Clerk of Court equaling 20% of the preceding month’s
income credited to the plaintiff ’s inmate trust fund account until the fees
are paid. Each 	payment 	shall reference the above-captioned docket
number.
4. 	The Clerk is directed to SEND a copy of this order to the
superintendent 	or 	warden 	of 	the 	institution 	where 	the 	plaintiff 	is
presently confined.
5. 	The Clerk is DIRECTED to provide the plaintiff with a copy
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of the Court’s
pro se prisoner complaint form.
6. 	The plaintiff shall FILE any amended complaint within thirty
(30) days after entry of this order.
7. 	To the extent the plaintiff requests appointment of counsel,
she is directed to file a motion explaining the basis for the request. The
plaintiff 	is 	advised 	that 	a 	civil 	litigant 	has 	no 	general 	right 	to
appointment of counsel; counsel may be appointed for an indigent litigant
on a discretionary basis based on the circumstances of the particular
case.
See 28 U.S.C. § 1915(e)(1);
Tabron v. Grace, 6 F.3d 147 (3d Cir.
1993).
Dated: October 16, 2026
	s/Joseph F. Saporito, Jr.
JOSEPH F. SAPORITO, JR.
United States District Judge
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