BIESECKER v. PA ATTORNEYS GENERAL

• Court: District Court, E.D. Pennsylvania
• Decided: May 28, 2021
• Docket: 5:21-cv-00649
• Status: Unknown

Opinion

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

ANGELA BIESECKER, : : Plaintiff, : CIVIL ACTION NO. 21-649 : v. : : PA ATTORNEYS GENERAL; PA : MEDICAL FRAUD UNIT; PA : DEPARTMENT HUMAN SERVICES; : CEREBRAL PALSY OF CHESTER : COUNTY; BERKS COUNTY PUBLIC : DEFENDER; CHRISTIAN : SONDERGAARD; ELIZABETH : MADIGAN; and BERKS COUNTY : COMMON PLEAS COURT, PRESIDENT : JUDGE PARISI, : : Defendants. :

ORDER AND NOW, this 28th day of May, 2021, after considering the application for leave to proceed in forma pauperis (Doc. No. 1) and complaint (Doc. No. 2) filed by the pro se plaintiff, Angela Biesecker; and for the reasons set forth in the separately filed memorandum opinion, it is hereby ORDERED as follows: 1. The application for leave in forma pauperis (Doc. No. 1) is GRANTED and the plaintiff has leave to proceed in forma pauperis; 2. The complaint (Doc. No. 2) is DEEMED filed; 3. The plaintiff’s civil rights claims are DISMISSED WITH PREJUDICE except for (1) her claims that are otherwise barred by Heck v. Humphrey, 512 U.S. 477 (1994) and (2) the plaintiff’s ability to challenge her conviction through habeas corpus proceedings, which are DISMISSED WITHOUT PREJUDICE; and 4. The clerk of court shall CLOSE this case.

BY THE COURT:

/s/ Edward G. Smith EDWARD G. SMITH, J.