HENDERSON v. EVANCHICKI

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA BRIAN HENDERSON, : Plaintiff :

v. CIVIL ACTION NO. 21-CV-1526 COLONEL ROBERT EVANCHICKI, et al, : Defendants :

□□ □□ AND NOW, this” é ‘day of December, 2021, upon consideration of Brian Henderson’s Applications to Proceed In Forma Pauperis (ECF No. 1, 6), Prisoner Trust Fund Account Statement (ECF No. 3), pro se Complaint (ECF No. 2), and Motion for the Court to Request Counsel (ECF No. 7), it is ORDERED that: 1, Leave to proceed in forma pauperis is GRANTED pursuant to 28 U.S.C. § 1915. 2. Brian Henderson, #20-02775, 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 Warden of the Montgomery County Correctional Facility or other appropriate official to assess an initial filing fee of 20% of the greater of (a) the average monthly deposits to Mr. Henderson’s inmate account; or (b) the average monthly balance in Mr. Henderson’s inmate account for the six-month period immediately preceding the filing of this case. The Warden of the Montgomery County Correctional Facility 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 Mr. Henderson’s inmate trust fund account exceeds $10.00, the Warden of the Montgomery County

Correctional Facility or other appropriate official shall forward payments to the Clerk of Court equaling 20% of the preceding month’s income credited to Mr. Henderson’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 Warden of the Montgomery County Correctional Facility. 4, The Complaint is DEEMED filed. 5. All claims against Defendant Kevin Steele, Montgomery County District Attorney are DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2){(B) (iti) for the reasons stated the accompanying Memorandum. 6. The Clerk of Court is DIRECTED to TERMINATE Kevin Steele as a Defendant in this case. 7. The remainder of Mr. Henderson’s Complaint is STAYED, pursuant to the abstention doctrine of Younger v. Harris, 401 U.S. 37 (1971) until Mr. Henderson informs the Court that his related criminal case has been resolved. Following resolution of his criminal case, Mr. Henderson may file a motion to reopen this matter. 8. Mr. Henderson’s Motion for the Court to Request Counsel (ECF No. 7) is DENIED. 9. The Clerk is DIRECTED to CLOSE this case for statistically purposes. BY THE COURT:

GENE E.Ké PRATTER, J.