BACK v. VANORE

E.D. Pennsylvania

BACK v. VANORE

District Court, E.D. Pennsylvania·Decided July 1, 2025·No. 5:25-cv-01413·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

JARED H. BACK, : Plaintiff, : : v. : CIVIL ACTION NO. 25-CV-1413 : FRANCIS J. VANORE, III, : Defendant. :

ORDER AND NOW, this 1st day of July, 2025, upon consideration of Jared H. Back’s Motion to Proceed In Forma Pauperis (ECF No. 1), Prisoner Trust Fund Account Statement (ECF No. 3), and pro se Complaint (ECF No. 2), it is ORDERED that: 1. Leave to proceed in forma pauperis is GRANTED pursuant to 28 U.S.C. § 1915. 2. Jared H. Back, #QQ-7486, 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 Waymart or other appropriate official to assess an initial filing fee of 20% of the greater of (a) the average monthly deposits to Back’s inmate account; or (b) the average monthly balance in Back’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 Back’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 income credited to Back’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 Waymart.

4. The Complaint is DEEMED filed. 5. Back’s claim seeking money damages from Defendant Francis J. Vanore, III, in his official capacity is DISMISSED WITH PREJUDICE. The remainder of Back’s Complaint is DISMISSED WITHOUT PREJUDICE, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), as barred by Heck v. Humphrey, 512 U.S. 477 (1994). The dismissal is without prejudice to Back filing a new case against Vanore in his individual capacity only in the event Back’s underlying conviction is reversed, vacated, or otherwise invalidated. 6. The Clerk of Court shall CLOSE this case. BY THE COURT:

/s/ Mitchell S. Goldberg MITCHELL S. GOLDBERG, J.

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

JARED H. BACK, : Plaintiff, : : v. : CIVIL ACTION NO. 25-CV-1413 : FRANCIS J. VANORE, III, : Defendant. :

ORDER AND NOW, this 1st day of July, 2025, upon consideration of Jared H. Back’s Motion to Proceed In Forma Pauperis (ECF No. 1), Prisoner Trust Fund Account Statement (ECF No. 3), and pro se Complaint (ECF No. 2), it is ORDERED that: 1. Leave to proceed in forma pauperis is GRANTED pursuant to 28 U.S.C. § 1915. 2. Jared H. Back, #QQ-7486, 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 Waymart or other appropriate official to assess an initial filing fee of 20% of the greater of (a) the average monthly deposits to Back’s inmate account; or (b) the average monthly balance in Back’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 Back’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 income credited to Back’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 Waymart.

4. The Complaint is DEEMED filed. 5. Back’s claim seeking money damages from Defendant Francis J. Vanore, III, in his official capacity is DISMISSED WITH PREJUDICE. The remainder of Back’s Complaint is DISMISSED WITHOUT PREJUDICE, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), as barred by Heck v. Humphrey, 512 U.S. 477 (1994). The dismissal is without prejudice to Back filing a new case against Vanore in his individual capacity only in the event Back’s underlying conviction is reversed, vacated, or otherwise invalidated. 6. The Clerk of Court shall CLOSE this case. BY THE COURT:

/s/ Mitchell S. Goldberg MITCHELL S. GOLDBERG, J.

BACK v. VANORE, (E.D. Pa. 2025).

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