GARDNER v. CITY OF PHILADELPHIA

Opinion

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

ANTHONY GARDNER : Plaintiff : : v. : CIVIL ACTION NO. 20-CV-4865 : CITY OF PHILADELPHIA, et al., : Defendants :

O R D E R AND NOW, this 23rd day of November, 2020, upon consideration of Anthony Gardner’s Motion to Proceed In Forma Pauperis (ECF No. 4), Prisoner Trust Fund Account Statement (ECF No. 5), and pro se Complaint (ECF No. 1), it is hereby ORDERED that: 1. Leave to proceed in forma pauperis is GRANTED pursuant to 28 U.S.C. § 1915. 2. Anthony Gardner, # CS6493, 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-Dallas or other appropriate official to assess an initial filing fee of 20% of the greater of (a) the average monthly deposits to Gardner’s inmate account; or (b) the average monthly balance in Gardner’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 Gardner’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 Gardner’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-Dallas. 4. The Complaint is DEEMED filed. 5. Gardner’s Complaint is DISMISSED, in part, with prejudice and, in part,

without prejudice, as follows: a. Gardner’s claim under the Thirteenth Amendment is DISMISSED, with prejudice, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). b. All other claims are 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 of claims due to the Heck bar is without prejudice to Gardner filing a new case only in the event his underlying conviction is reversed, vacated, or otherwise invalidated. 6. The Clerk of Court is directed to mark this matter CLOSED.

BY THE COURT:

/s/ Nitza I. Quiñones Alejandro NITZA I. QUIÑONES ALEJANDRO Judge, United States District Court