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Home My WebLink About03-5985 ~ That, since I was 12 yrs. o]~ I have been in & out of many Statem Hoipitals & Community Hospitals Psychiatric Units,such as,Wo~ville State Hospital (6 times), Mayview State HosPital Forensic Unit (4 times),EN]~Fa~view StateHospi~ (5 times), Norristown State Hospital ~Assaultive Management Unit Program(1 time), & in mST. Francis General Hospital Psychiatric Unit (8 times),in East suburban Hospital (2 times),Br~ock General Hospital Psychiatric Unit (2 times),in WesterD Psychiatric Institute And EX.Clinic (4 times) and in the old, Columbia Hospital Psychi~tric Unit (1 time). That, while in State Prisom I ha~e for the most part been confined /housed in the Prisons' Special NeeDs Units,as follows: SCI-Pittsburgh Special NeeDs Unit, from Nov-mher 8,1991,-until May, 1994, ~CI-Greene Special HeeDs Unit from August 15,1995, until August or Sept-mher, 1996, and in SCI-Camp Hill Special NeeDs Unit from March 3, 1999, until Nev-mher 19, 1999. ~ That, within the past 3 yrs. I have either.a~a%ly.attempteD to or ma~ e plans to kill myself 15 times. '~ ~. That, Despite two written Reperts A~ RecomenDations of Mental Realth Professionals in the Mental Health Unit here at SCI-Pittsburgh,DateD, February 22, 2001, (or thereabouts), amd January 8, 2~2, (or thereabouts) that, I shon]~ be placed in a more therapeutic environememt where my mental health needs could be me and where staff are trained to ~:eal with my SpecialMental Health Nee]OS,Se~retary Of Corrections (DefenDant) Dr. Jeffrey A Bea~,Ph.D., ~eliberatel~ ignereD..these ~ Reports & RecomenDations & ha~ me PlaceD in the LTSU at S~IP where I cannot get /receive the appropriate & necessary mental Health Care & Treatment,I need & want. ~ That, ~or About JulyS] , ~003,.~ this Plaintiff v~erbally spoke with Dr. Stewart Wellman,P.HD. ,the SCI-Pittsbu~ =Director of Ps~ehfa~tri~= . Services. up in the POC ~ea at the Hospital here & Dr. Wellm~d ~ then tell ~is P~INTIFF that he believes that I wou~ ~ ~tter if I was placed in. a Different Unit other than the LTSU. ~ ~ ~ That, inste~ of providing thera~utic menta~ health Care',& Trea~ent in res~nse to this plaontiff's serious mental ~alth illness Disease~& ~oncomitt~t s~pt0malogically caus~ ~haviors & insteaD of working with him to help him learn ~ow to Develo~ control over his Mental Health~uCeD behavior, prison Staff have written me up on Prison Misco~uct Re~rts .for inci~ts causeD %y or as a Direct Result of ~M~.t.1 .eal~-I~u=~ &~ ~ ~/$~3 ~ ~ ~ O ~ r~lng until appr~lma=eiy off ~ ~s ~ t 11~ ~s b~ t ~1 ~l~ti~/beol~ ~lmt ~itl~ ~ ~ L~, a ~ll~ ~ml ~ ~ ~t~ all of t~ ~ s~ ~ l~ vi~it~/~li~s ~u p~ess J~e like t~ a or~ ~t, ~ ~al ~l~ (~ 10,2002,J~y 27~2002;a whe~I cut my wrists on the screen in the LTS~ har~ Cell(s),not only washe denie~ me~cal ca~e & treatment for such by LTSU Staff, but also Defendant KolIi refuse~ to comn~Lt him to a me~tal health trea~Jlent facility in violation of PA. StateLa~ Men,al Health Procedures Act/Law. ~x X~(~2eXxs ..xm z x~P x'k,txu x ~dmk~ xt~--q ~[,,x_]rt dd That, Defendant Johnson & De£endant is off was Mechling aware all that isstated herein above & supra,& yet they have deliberately failed to dc anything about such. ~bM That a=c~rding to De£~na~n~t Beard, the LTS~ is for Tnm~_te$ who ~e c~d~ ~ ~ ~e "~s~ of ~e Worst", but g~ my ~ous mental h~l~ u~l~fless ~se~e & ~y ~3or ~sI Ps~a~Lc ~a~ses,I ~us fa~l to ~rst~d why ~ ~ In ~e LT~ ~d how ~ ~ r~bly ~ ~nside~ ~o be one of ~e "Worst of ~e ~r8~" I~. I am being punished & made to suffer for b~havior/acts over which I had no control over as such ere/were caused as a ~re~t re~dlt of my serious mental health illness d/sease which has not been adequately treated mince January, 2000. recogn/ze that housing mentally ~11 inmates, such as ~yself, ~n control units such ~s the LT-qU here, constitutes =r~el and enusuo.~ p~s~t. ~ Plaintiff Os ~Lsc~)nducts have all oc~red ~n the SCI-Ca~p ~ill aH~J, in the--SCI-Greene SMU and in the SeE-Pittsburgh ~,TH~, however, to the contqary when the 91alntiff is le the Prison Population he does not re~eive any · ~Ls~on~LEr~S or, if he d~, ~ ~e for ~ ~r ~in~,such as,Refusing ~ Obey ~ O~r, 0r Using ~ve, ~=e~ or Z~pp~ate ~age to ~ ~ployyee. ~ When I have a men,aX health relapse & throw s~mething at an Off~cem and/or put feces all over my cell walls,Floor and/or myself, anO/or floo~ th~ cell with toilet water, I am ~a~ed & pla~! on Alternative Housing Status ~n e.a LTSO Observation/Hard Cell as punishment for such b~__hm_v.~or,bo£ore I even have. any DIl~ipliamry Hearing & am Found guilty of any m~soondu~ II~ten on th~s, violates due ~ro~ess of law un,er ~he ~4th Amendment o£ U.S.~ons~:ttution. M~I am suffering lrrepairable h~lhsfm, as set forth a~Ollpanying memoranda of law, s~3u~Ltted herewith. ~ . / ~ ~1 ~l '/~ this Dr. Burnstein who told me that if it was not for my Head/Brain Trauma /Bamage Injury & the resuiting ChemicaI/neurological imbalance that I would not have problems with my physical acting out behavior and that such behavior was adirect result of my Head ~t&Trauma/Brain Damage Injury and that it is this K~XHead Injury/Serious Mental Illness Disease that has caused me to act out & get ~Prison Misconducts. ~ That, more recently, in February, 2001,Dr. Kern of the Sci-Pittsburgh Mental Health Unit told me the same as the above. I also aver & submit, that as a result of being deliberately denied adequate psychiatric care & treatment, I experienced pain & suffering khto my Chronic Adjustment Disorder With Mixed Emotions and to his Impulse Control Disorder-NOS (Axis I) and Boarderline Personality Disorder (Axis II) Mental Health Illness Disease/Psychiatric Diagnoises, caused Actions in illegally confining and continue to confine, him in the LTSU. ~Q. I aver & submits, that the objective elemmnt deprivation was sufficient serious and the subjective element-Prison Officials acted with a sufficiently culpable state of mind-i.e., "deliberate indifference". ~. The first element is that the ~_~L~_~ Acts or omissions resulted in the denial of the minimal "mivilized measures of life'snecessities' " and unnecessary and wanton infliction of pain" which was reckless disregard to plaintiff's serious mental health illness disease. ~"/o That,such inadequate psychiatric care and treatment provided to by L~~ shows that such was intentionally injurous,calleous,grossly negligent and intolerable to the fundamental fairness doctrine. ~, That, when placing me in the LTSU, ~~ Beard was fully aware that his own Pa. Dept. of Corrections 6.5.1. Policy Statement and his own 6.5.1. Procedures Manual stated that inmates with mental disorders are excluded from the LTSO nit and aIi ere faliy aware that if any inmate's meutaI health deteriorates while in the LTSU he will be removed from the LTSu and receiev~ adequate psychiatric care and that this was "not"~one in my case. That, on Thursday, July 3, 2003, I, a seriously mentally ill inmate, illegally confined in the LTSU, began to hear voices (auditory hallucinations) in my head much worse than usual & began experiencing more frequently seeing shadows moving around my cell when nobody/nothing was actually there and that these voices were telling me that I was no good & to kill myself & give them my blood. ~. That, over the mnext several days the voices & the seeing shadows became even worse, and so, on July 7, 2003, I wrote & sent then Superintendent Mechlinl & Prison Chief Psychiatrist Dr. [olli, separate Inmate Request To Staff Member forms each, advising them both, in writing therein such, of the facts statedabove · & begging them to get me out of the LTSU & put me in a mental health facility & get me adequate mental health treatment & hetp,. ~.That, neither mechling nor kolli did anything whatsover at all to remove me from the LTSU nor to get me adequate mental health treatment nor help. ~That, then on July 14, 2003,I ate my hearing aid battery, a rubberband an~ a plastic tip from my flexpen, but nothing awas done to help me. ~, That, on Tuesday, July 15, 2003, the voices became too much for tkilme plaintiff to bear & in attempts to kill myself,I went to the back of myJcell & ra into & hit my head on my cell door & caused it to start bleeding & I swallowed 32 pills of my various medications I receive that I had been saving up to overdose o~ & I cut my left side on the sharp metal edge of my cell Food Slot Door & I was then taken from the LTSU & placed in a Psychiatric Observation Cell (POC)over at the Prison Hospital here,which is just another camera cell like in the LTSU Hard Cell, but Dr. R. Kolli, nor the Hospital Medical Staff here did anything at all about the overdose of pills I had xtaken earlier. ~7~. That, on July 25, 2003, I was brought back over to the LTSU & no cate nor treatment (other than the afore-said medication) is being provided to me for my worsening serious mental health illness condition. ~o That, previously herein the LTSU, I have tried to harm & kill myself by cutting my weists on the window screens in the LTSU Hard Cells on 11-27-02,&1-14-( and on 7-23-02, when I broke my glass nitro heart medication bottle & ate the broken shards of glass/pieces of glass nothing was done medically for him. ~. That, I am just going to keep on trying to kill myself until I suceed unless I a~ removed from t~the LTSU & placed in a mental health facility & given adequate men~al health care & treatment; as I no longer wantto live. That, all Prison Staff--~/~knew of & disregarded a substantial risk occurring to m~myphysical &mental well being &safety,as,all Prison Staff were fully aware of the facts from which the inference could be drawn &they drew such,that a substantial risk of serious harm existed from my Prison Mental Health & Unit Records which show my past suicidal behavior/attempts & diagnoises of Chronic Adjustment Disorder With Mixed Emotions & l~iImpulse Control Disorder-NOl Axis I & Boarderline Personality Disorder with Features Of Immaturity,Poor Judgmen & Poor Impulse Control-Mixed Types at Axis J II,which,among many other Psychiatri~ Diagnoises which ~k~I have been given,shows that I have a substantial long&length~ history of serious mrntal health illness disease aband the DOC 6.5.1.Policy Statement and the 6.5.1.Procedures Manual inferenc§lis drawn these acts or omissions, herein have e~tabl~ed,"deli~erate indiffe~e~c~/~//~~/~ inmate is a form of invidious ~iscrim~at~on because this inmate is not allowed ~' p ' . /~lHu) t ecause ox his placement in the LTSU, but all of the rest of the Inmates fxlmxRxislnfro~ within the RR Prison System, including other DC Status Inmates from Prison Restricted Housing Units,Dealth Row and Special Management Units, ar.e allowefi to be placed in~ the MHU when the~ experience deterioration in their mental health. ~Any change in the conditions of confinement sasubmtantial having ad.adverse impact on the inmate involved, as herein,"~" sufficient to invoke the protection of the Due Process and Equal Protection ~Cla~ses,whi~h b~ their own force forbids & prohibits any state from depriving a person of life~ liberty or proper~ without the due process of the law ~nd likewise prohibits any state fro~ depriving a person of the Equal Protec~ion~f the Law in violation of the Fourteenth ~Amendment of the U.S. Constitution. ~ That, given what he has set forth herein, this inmate has shown a physical injur~ as well as an emotional -mental health in~ur~. 1o TffE COURT OF COMMON PLEAS OF c-C/ 0 --et3 D COUNTY, PENNSYLVANIA CIVIl, DIVISION (Plaintiff~ (Defendan~ PETITION FOR LEAVE TO PROCEED IN FORMA PAUFERIS AND NOW, comes the (plaintiff~) 0,~/-/~/ ~]~PD ~ , and respectfully requests this'Honorable Court for leave to proceed in Forma Pauperis in the above captioned case. In support-of this Petition, (plainti~f~~ avers as follows: 1. (Plaintiff~) desires to (Commence a civil Action [) to the Court of Common Pleas but is without the funds to pay the filing 2o Verified Statement, a copy of which Exhibit A. financial affairs are set forth in a is attached to this petition as 3. If is not permitted to (Conuuence a Civil ~ction/] in Forma Pauperls, he'..~, will be denied due process of Law and 'or rights under the Constitution of the United States and the Co! the Commonwealth of Pennsylvania. WHEREFORE, (plaintiff~l~~ prays this Honorable Court to grant this Petition and to allow him~ll~to proceed without payment of the required fees. RESPECTFULLY SUBMITTED, '270 Prom (p:~ 2) IN THE COURT OF COM)~ON PLEAS OF~/~COUNTY, CIVIL DIVISION - PENNSYLVANIA (Plaintif f~ NO. IN FORMA PAUPERIS VERIFIED STATEMENT (Defendan~ ! am the (plaintiff~ in the above matter and because of my financial condition am unable to pay the fees and costs of ~rosecuting or defending the action or proceeding. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. I represent that the information below relating to my ability to pay the fees and costs is true and correct (a) (b) (c) E~PLOYF~ENT If you are presently employer: address: city: monthly salary or wages: If you are presently date last worked: e of work: OTHER INCOME WITHIN Business or profession:$ Other self-employment:$ Interest earned:$ Dividends:$ Pension and annuities:$ Social Security benefits:$ Support pay~ents:$ Disability payments:$ Unemployment compensation and supplemental benefits:$ Workmen's Compensation:$ Public Assistance:$ Other (explain)cS =he foll. (d) (e) OTHER CONTRIBUTIONS TO HOUSEH¢~L SUPPiRT (wife's) (husband's) name: / If wife or husband is employ~ a~ coi employer: address: city: monthly salary or wages: $ / Contributions from children:/$ $ ~/ Contributions from parents:IS Other contributions (explain): PROPERTY OWNED: ~ Cash: $ Checking account: $ the~f~oll¢ phone: Certificates of Deposit (CDs): Real estate (including house): $ f Motor vehicle(s): Make: / l/ mo year: Purchase p~i -=: $ u Make: / year: Other (expla£n)~ $ Mortgage: $ ~ . Lo~ans: $ ~ . , E UPON YOU FO S P.O Name: AA~ Name: Other persons: Name: Name: I understand that I have a .~rovment in my financial circ s a ic wouJ. d osts incurred herein. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18Pa. C.S., paragraph 4904, relating to unsworn falsification to authorities. Petitioner: IN THI*. COURT OF COMMON PLEAS OF cJJ /V otnvr , PE rNs v CIVIL DIVISION (Plaintiff~ VS. NO. (Defendant, ORDER OF COURT AND NOW, to-wit, this day of 19 upon consideration of the foregoing Petition, it is hereby ORDERED, ADJUDGED and DECREED that the petitioner be and hereby is permitted to file and pursue hi--action in the above-captioned case without payment of costs or BY THE COURT COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF CORRECTIONS SCI-Pittsburgh 412-761-1955 November 10, 2003 CERTIFICATION CASE# I, CHERYL GEORGE, CERTIFY THAT THE ATTACHEDINMATE ACCOUNT RECORDS AREA COPY OFTHEINMATEACCOUNT RECORDS OF: BQ3219 JOHN JAE AND THAT THIS IS ATRUE AND CORRECT COPY OF THE DOCUMENT USED DURING THE NORMAL COURSE OF BUSINESS AT THE STATE CORRECTIONAL INSTITUTION AT PITTSBURGH. THE PRESENT BALANCE ON THIS ACCOUNT IS -$882.07. THERE ARE NO KNOWN OUTSIDE BANK ACCOUNTS. CHERYL GEORGE ACCOUNTING ASSISTANT INMATE ACCOUNTING PA DEPT. OF CORRECTIONS BUREAU OF %OMPUTER SERVICES REMOTE PRINT TIME 8:42 IN~TE NAME NUMBER LAST BQ3219 JAE INMATE ACCOUNTS SYSTEM PARTIAL ACCOUNT LISTING FROM ACTIVE FILE FIRST MI JOHN R RUN IAS365 DATE 11/10/2003 PAGE 3 BATCH DATE # MO DY YEAR TRANSACTION DESCRIPTION TRANSACTION BALANCE AFTER AMOUNT TP~ANSACTION 7430 10-29-2003 37 POSTAGE POSTAGE 10/28/03 7457 11-04-2003 37 POSTAGE POSTAGE 11/3/03 7457 11-04-2003 37 POSTAGE POSTAGE 10/31/03 -.49 -879.00 -2.70 -881.70 -.37 -882.07 BALANCE AFTER T~ESE TPJkNSACTIONS ...... > -882.07 PA DEPT. OF CORRECTIONS BUREAU OF COMPUTER SERVICES REMOTE PRINT TIME 8:42 INMATE ACCOUNTS SYSTEM PARTIAL ACCOUNT LISTING FROM ACTIVE FILE INMATE NAME NUMBER LAST BQ3219 JAE FIRST MI JOHN R BATCH DATE # MO DY YEAR TRANSACTION DESCRIPTION RUN IAS365 DATE 11/10/2003 PAGE 2 TRANSACTION BALANCE AFTER AMOUNT TRANSACTION 7061 09-16-2003 37 POSTAGE POSTAGE - 9/15/03 7097 09-19-2003 37 POSTAGE POSTAGE = 9/18/03 7120 09-23-2003 37 POSTAGE POSTAGE - 09/22/03 7141 09-25-2003 37 POSTAGE POSTAGE = 9/24/03 7141 09-25-2003 37 POSTAGE POSTAGE = 9/24/03 7141 09-25-2003 37 POSTAGE POSTAGE - 09/25/03 7143 09-26-2003 41 MEDICAL SICK CALL 09/25/03 7174 10-02-2003 37 POSTAGE POSTAGE - 10/01/03 7174 10-02-2003 37 POSTAGE POSTAGE 10/01/03 7296 10-07-2003 37 POSTAGE POSTAGE = 10/6/03 7307 10-08-2003 41 MEDICAL SICK CALL 9/29/03 7312 10-10-2003 37 POSTAGE POSTAGE 10/8/03 7312 10-10-2003 37 POSTAGE POSTAGE 10-09-03 7312 10-10-2003 37 POSTAGE POSTAGE 10-09-03 7312 10-10-2003 37 POSTAGE POSTAGE 10-09-03 7352 10-17-2003 37 POSTAGE POSTAGE 10/16/03 7357 10-20-2003 37 POSTAGE POSTAGE 10/17/03 7367 10-21-2003 37 POSTAGE POSTAGE 10/20/03 7367 10-21-2003 37 POSTAGE POSTAGE - 10/21/03 7378 10-22-2003 41 MEDICAL SICK CALL - 10/17/03 7384 10-22-2003 37 POSTAGE POSTAGE - 10/22/03 7402 10-24-2003 37 POSTAGE POSTAGE = 10/24/03 37 37 37 37 37 -4 00 37 -2 00 83 37 - .37 -857.68 -858.05 -858.79 -859.16 -859.53 -863.53 -865.48 -865.85 -667.51 -869.51 -870.34 -870.71 -871.45 -871.68 -872.05 -872.42 -872.79 -876.79 -878.14 -878.51 PA DEPT. OF CORRECTIONS BUREAU OF COMPUTER SERVICES REMOTE PRINT TIME 8:42 INMATE ACCOUNTS SYSTEM PARTIAL ACCOUNT LISTING FROM ACTIVE FILE RUN IAS365 DATE 11/10/2003 PAGE 1 INMATE NAME NUMBER LAST BQ32~9 JAE BATCH DATE # MO DY YEAR FIRST MI JOHN R TRANSACTION DESCRIPTION STARTING BALANCE -835.48 TRANSACTION BALANCE AFTER AMOUNT TRANSACTION 6343 07-03-2003 6389 07-07-2003 6389 07-09-2003 6389 07-11-2003 6389 07-11-2003 6482 07-11-2003 6551 07-23-2003 6586 07-28-2003 6627 08-04-2003 6627 08-06-2003 6627 08-06-2003 6771 08-14-2003 6805 08-19-2003 6805 08-21-2003 6618 08-21-2003 6805 08-22-2003 7014 09-09-2003 7014 09-09-2003 7014 09-09-2003 7044 09-12-2003 7044 09-12-2003 7045 09-12-2003 37 POSTAGE POSTAGE = 7/2/03 37 POSTAGE POSTAGE = 7/3/03 37 POSTAGE POSTAGE = 7/7/03 37 POSTAGE POSTAGE = 7/10/03 37 POSTAGE POSTAGE = 7/11/03 14 MISCELLANEOUS SICK CALL REF 3/18&28;4/14&20 37 POSTAGE POSTAGE = 7/22/03 37 POSTAGE POSTAGE = 7/25/03 37 POSTAGE POSTAGE = 8/1/03 37 POSTAGE POSTAGE = 8/4/03 37 POSTAGE POSTAGE = 8/5/03 37 POSTAGE POSTAGE = 8/13/03 37 POSTAGE POSTAGE = 8/15/03 37 POSTAGE POSTAGE 8/18/03 45 MISCELLANEOUS INDIGENT COPIES 8/12/03 37 POSTAGE POSTAGE = 8/20/03 37 POSTAGE POSTAGE = 9/8/03 37 POSTAGE POSTAGE = 9/8/03 37 POSTAGE POSTAGE = 9/8/03 37 POSTAGE POSTAGE = 9/11/03 37 POSTAGE POSTAGE = 9/11/03 41 MEDICAL SICK CALL 9/10/03 46 23 12 00 23 37 -3 87 -2 04 23 -3 46 37 5O 37 83 -4 00 -840.58 -843.51 -843.97 -844.20 -832.20 -832.43 -832.80 -836.67 -838.71 -838.94 -840.69 -844.15 -844.52 -845.02 -845.39 -846.22 -847.97 -849.72 -850.78 -851.84 -855.84 PA DEPT. OF CORRECTIONS BUREAU OF COMPUTER SERVICES REMOTE PRINT TIME 8:42 INMATE ACCOUNTS SYSTEM PARTIAL ACCOUNT LISTING FROM PURGE FILE RUN IAS365 DATE 11/10/2003 PAGE 2 INMATE NAME NUMBER LAST BQ3219 JAE FIRST MI JOHN R BATCH DATE # MO DY YEAR TRANSACTION DESCRIPTION TP~ANSACTION BALANCE AFTER AMOUNT TRANSACTION 6089 06-05-2003 6085 06-05-2003 6225 06-11-2003 6089 06-12-2003 6225 06-12-2003 6264 06-18-2003 6089 06-19-2003 6306 06-23-2003 6306 06-26-2003 6253 06-26-2003 41 MEDICAL SICK CALL 6/3/03 -2.00 37 POSTAGE POSTAGE = 6/5/03 -.83 37 POSTAGE POSTAGE = 6/10/03 -.37 41 MEDICAL SICK CALL 6/9/03 -4.00 37 POSTAGE POSTAGE 6/11/03 -2.73 37 POSTAGE POSTAGE 6/17/03 -1.35 41 MEDICAL SICK CALL 6/13/03 -4.00 37 POSTAGE POSTAGE - 06/20/03 -1.72 37 POSTAGE POSTAGE 6/25/03 -.37 45 MISCELLANEOUS INDIGENT COPIES 6/24/03 -.70 -819.41 -820.24 -820 61 -824 61 -827 34 -828 69 -832 69 -834 41 -834 78 -835 48 BALANCE AFTER THESE TRANSACTIONS ...... > -835 48 PA DEPT. OF CORRECTIONS BUREAU OF ~OMPUTER SERVICES REMOTE PRINT TIME 8:42 INMATE ACCOUNTS SYSTEM PARTIAL ACCOUNT LISTING FROM PURGE FILE RUN IAS365 DATE 11/10/2003 PAGE 1 INMATE NAME NUMBER LAST BQ3219 JAE FIRST MI JOHN R STARTING BALANCE -787.02 BATCH DATE # MO DY YEAR TRANSACTION DESCRIPTION TRANSACTION BALANCE AFTER AMOUNT TRANSACTION 5688 04-08-2003 37 POSTAGE POSTAGE 4/4/03 5688 04-10-2003 37 POSTAGE POSTAGE 4/9/03 5723 04-15-2003 37 POSTAGE POSTAGE 4/14/03 5553 04-17-2003 41 MEDICAL SICK CALL 4/14/03 5553 04-17-2003 41 MEDICAL SICK CALL 4/15/03 5723 04-17-2003 37 POSTAGE POSTAGE 4/16/03 5794 04-29-2003 37 POSTAGE POSTAGE 4/28/03 5794 04-30-2003 37 POSTAGE POSTAGE 4/29/03 5794 05-02-2003 37 POSTAGE POSTAGE 5/1/03 8828 05-02-2003 45 MISCELLANEOUS INDIGENT COPIES 5/1/03 5799 05-02-2003 41 MEDICAL SICK CALL 4/20/03 5847 05-07-2003 37 POSTAGE POSTAGE = 5/5/03 5977 05-12-2003 37 POSTAGE POSTAGE = 5/9/03 5828 05-13-2003 45 MISCELLANEOUS INDIGENT COPIES 5/9/03 5977 05-14-2003 37 POSTAGE POSTAGE = 5/13/03 5977 05-15-2003 37 POSTAGE POSTAGE = 5/14/03 5977 05-16-2003 37 POSTAGE POSTAGE = 5/15/03 6013 05-h0-2003 37 POSTAGE POSTAGE = 5/19/03 6013 05-23-2003 37 POSTAGE POSTAGE = 5/22/03 6058 05-27-2003 37 POSTAGE POSTAGE = 5/23/03 6085 06-04-2003 37 POSTAGE POSTAGE = 6/2/03 6085 06-04-2003 37 POSTAGE POSTAGE = 6/3/03 46 74 -2 00 -2 00 -3 95 37 37 9O -2 00 23 23 60 23 -3 00 97 -791 99 -792 73 -794 73 -796 73 -800 68 -801 O5 -801.42 -803.83 -804.73 -806.73 -806.96 -807.19 -807.79 -809.14 -809.37 -810.72 -813.72 -814.69 -815.06 -816.95 JOHN RICHARD JAE, PLAINTIFF · IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DR. JEFFREYA. BEARD, PH.D., DR. FRED MAUE, M.D., DR. R. KOLLI, M.D., WILLIAM S. STRICKMAN, DAVE ROBERTS, REBECCA KESSLER, SGT. A. LYNCH, ' MR. JAMES WEST AND MR. JAMES MEPA, DEFENDANTS : 03-5985 CIVIL TERM ORDER OF COURT AND NOW, this ~-~_~'""-day of December, 2003, pursuant to 42 Pa.C.S. §§ 6601-6608, IT IS ORDERED that before a determination is made of whether to allow plaintiff to proceed in forma pauperis, he shall file of record a statement listing every civil suit he has instituted while a prisoner in any state or federal court except Cumberland County, with the docket number, and set forth either the disposition and the reasons thereof, or status ofsuch litigation.1 This shall include the disposition and ~ Plaintiff has filed the following litigation in the Court of Common Pleas of Cumberland County. (1) A complaint on January 5, 2000 at 00-0057 Civil. The case was transferred to the United States Court in the Middle District of Pennsylvania on February 24, 2000. (2) A complaint on May 18, 2000 at 00-3092 Civil. On May 25, 2000, the petition to proceed in forma pauperis was denied· The Commonwealth Court of Pennsylvania dismissed an appeal on November 19, 2000. (3) A complaint on November 1, 2000 at 00-7746 Civil. On November 9, 2000, the petition to proceed in forma pauperis was denied because the underlying claim was frivolous. (4) A complaint on August 7, 2001 at 01-4697 Civil. On May 9, 2002, the complaint was dismissed on preliminary objections· (5) A complaint on June 4, 2002 at 02-2720 Civil. On July 16, 2002, the defendants obtained a Rule to show cause why plaintiff's in forma pauperis status should not be revoked. That is the last entry on the docket. (6) A complaint on June 24, 2002, at 02-3016 Civil. The suit was dismissed on August 9, 2002. reasons thereof, or the status of the suit at 00-0057 Civil transferred from this court to the United States District Court on February 24, 2000. Edgar B. Bayley, J. ~John Richard Jae, #BQ~3219 SCI Pittsburgh P.O. Box 99901 Pittsburgh, PA 15233-0901 :sal JOHN RICHARD JAE, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DR. JEFFREY A. BEARD, PH.D., DR. FRED MAUE, M.D., DR. R. KOLLI, M.D., : WILLIAM S. STRICKMAN, : DAVE ROBERTS, REBECCA KESSLER, SGT. A. LYNCH,: MR. JAMES WEST AND MR. JAMES MEPA, DEFENDANTS : 03-5985 CIVIL TERM ORDER OF COURT AND NOW, this I ~ day of December, 2003, the petition of John Richard Jae to proceed in forma pauperis, IS DENIED. John Richard Jae, #BQ-3219, Pro se SCI Pittsburgh P.O. Box 99901 Pittsburgh, PA 15233-0901 :sal By the Court, Edgar B. Bayley, J. JOHN RICHARD JAE, PLAINTIFF DR. JEFFREY A. BEARD, PH.D., DR. FRED MAUE, M.D., DR. R. KOLLI, M.D., WILLIAM S. STRICKMAN, DAVE ROBERTS, REBECCA KESSLER, SGT. A. LYNCH MR. JAMES WEST AND MR. JAMES MEPA, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-5985 CIVIL 'TERM IN RE: OPINION PURSUANT TO PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1925 Bayley, J., March 30, 2004:-- Plaintiff, John Richard Jae sought to proceed in forma pauperis to file a civil complaint constituting prison conditions litigation.' On December 1,2003, the following order was entered: AND NOW, this lStday of December', 2003, pursuant to 42 Pa.C.S. §§ 6601-6608, IT IS ORDERED that before a determination is made of whether to allow plaintiff to proceed in forma pauperis, he shall file of record a statement listing every civil suit he has instituted while a prisoner in any state or federal court except Cumberland County, with the docket number, and set forth either the disposition and the reasons thereof, or status of such litigation. This shall include the disposition and reasons thereof, or the status of the suit at 00-0057 Civil transferred from this court The Judicial Code, 42 Pa.C.S. Section 6601, defines "Prison conditions litigation" as: A civil proceeding arising in whole or in part under Federal or State Law with respect to the conditions of confinement or the effects of actions by a government party on the life of an individual confined in prison .... 03-5985 CIVIL TERM to the United States District Court on February 24, 2000.1 ~ Plaintiff has filed the following litigation in the Court of Common Pleas of Cumberland County. (1) A complaint on January 5, 2000 at 00-0057 Civil. The case was transferred to the United States Court in the Middle District of Pennsylvania on February 24, 2000. (2) A complaint on May 18, 2000 at 00-3092 Civil. On May 25, 2000, the petition to proceed in forma pauperis was denied. The Commonwealth Court of Pennsylvania dismissed an appeal on November 19, 2000. (3) A complaint on November 1,2000 at 00-7746 Civil. On November 9, 2000, the petition to proceed in forma pauperis was denied because the underlying claim was frivolous. (4) A complaint on August 7, 2001 at 01-4697 Civil. On May 9, 2002, the complaint was dismissed on preliminary objections. (5) A complaint on June 4, 2002 at 02-2720 Civil. On July 16, 2002, the defendants obtained a Rule to show cause why plaintiff's in forma pauperis status should not be revoked. That is the last entry on the docket. (6) A complaint on June 24, 2002, .at 02-3016 Civil. The suit was dismissed on August 9, 2002. On December 11,2003, plaintiff complied with the order of December 1st. On December 19, 2003, it was ordered that "the petition of John Richard Jae to proceed in forma pauperis, IS DENIED." On January 29, 2004, a notice of appeal to the Commonwealth Court of Pennsylvania was filed with the Prothonotary of Cumberland County. The notice is signed by John Richard Jae and dated January 19, 2004. The record reflects that this is the seventh civil case filed by plaintiff in this court. One of those cases was dismissed on the basis that the underlying claim was frivolous. Plaintiff has filed seventeen other civil cases in federal and state courts. Five of those were dismissed as frivolous. The Judicial Code, 42 Pa.C.S. Section 6602(e), provides: (e) Dismissal of litigation.--Notwithstanding any filing fee which has been paid, the court shall dismiss prison conditions litigation at any time, including prior to service on the defendant, if the court determines any of the following:... -2- 03-5985 CIVIL TERM (2) The prison conditions litigation is frivolous... (Emphasis added.) Section 6602(f) provides: (f) Abusive litigation.--If a prisoner has previously filed prison conditions litigation and: (1) three or more of these prior civil actions have been dismissed pursuant to subsection (e)(2)... the court may dismiss the action. The practical effect of a denial of a petition to proceed in forma pauperis is the dismissal of the complaint. Conover v. Mikosky, 415 Pa. Super. 348 (1992). Pennsylvania Rule of Civil Procedure 240(j) provides: If, simultaneous with the commencement of an action or proceeding or the taking of an appeal, a party has filed a petition for leave to proceed in forma pauperis, the court prior to acting upon the petition may dismiss the action, proceeding or appeal if the allegation of poverty is untrue or if it is satisfied that the action, proceeding or appeal is frivolous. Rule 240(j) compels courts to avoid granting in forma pauperis status to litigants who fail to present a valid cause of action. Thomas v. Holtz, 707 A.2d 569 (Pa. Commw. 1998); Keller v. Kinaley, 415 Pa. Super. 366 (1992). The complaint in the within case is abusive litigation and subject to dismissal. 'l"hus, denying plaintiff's petition to proceed in forma pauperis was proper. (Date) Edgar B. Bayley, J. -3- 03-5985 CIVIL TERM John Richard Jae, #BQ-3219, Pm se SCI Pittsburgh P.O. Box 99901 Pittsburgh, PA 15233-0901 :sal -4-