RYANT v. P.A. PROBATION AND PAROLE BOARD et al

Filing 9

ORDERED THAT THE CLERK OF COURT SHALL REOPEN THIS CASE; THE COURT'S 6/19/18 ORDER IS VACATED; LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED; PLAINTIFF SHALL PAY THE $350.00 FILING FEE IN INSTALLMENTS. THE CLERK OF COURT SHALL SEND A COPY OF THIS ORDER TO THE SUPERINTENDENT OF SCI PHOENIX; THE COMPLAINT AND AMENDED COMPLAINT ARE DEEMED FILED; THE COMPLAINT AND AMENDED COMPLAINT ARE DISMISSED FOR FAILURE TO STATE A CLAIM; PLAINTIFF'S CLAIMS AGAISNT THE PENNSYLVANIA BOARED OF PROBATI ON AND PAROLE, THE DEPARTMENT OF CORRECTIONS AND SCI GRATERFORD ARE DISMISSED WITH PREJUDICE TO RYANT'S RIGHT TO PURSUE THEM IN A NEW LAWSUIT IF AND WHEN HE IS SUCCESSFUL IN CHALLENGING THAT SENTENCE. PLAINTIFF MAY NOT FILE A SECOND AMENDED COMPLAINT IN THIS MATTER. THE CLERK OF COURT SHALL CLOSE THIS MATTER. SIGNED BY HONORABLE GERALD A. MCHUGH ON 8/17/18. 8/20/18 ENTERED AND COPIES MAILED AND E-MAILED.(jpd )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
NEIL L. RYANT,
Plaintiff,
v.
MARK HATTY, et al.,
Defendants.

:
:
:
:
:
:
:

CIVIL ACTION NO. 18-CV-1848

ORDER
AND NOW, this 17th day of August, 2018, upon consideration of Plaintiff Neil L.
Ryant’s Motion for Leave to Proceed In Forma Pauperis (ECF No. 6), the Prisoner Trust Fund
Account Statement (ECF No. 7), his pro se Complaint and Amended Complaint (ECF Nos. 1, 5),
and the Court’s June 19, 2018 Order dismissing this case for failure to prosecute (ECF No. 4), it
is ORDERED that:
1.

The Clerk of Court is DIRECTED to REOPEN this case.

2.

The Court’s June 19, 2018 Order is VACATED.

3.

Leave to proceed in forma pauperis is GRANTED pursuant to 28 U.S.C.

§ 1915(b).
4.

Ryant, #HV-2828, shall pay the full filing fee of $350.00 in installments, pursuant

to 28 U.S.C. § 1915(b). Based on the financial information provided by Ryant, an initial partial
filing fee of $26.17 is assessed. The Superintendent or other appropriate official at SCI Phoenix
or at any other prison at which Ryant may be incarcerated is directed to deduct $26.17 from
Ryant’s inmate trust fund account, when such funds become available, and forward that amount
to the Clerk of the United States District Court for the Eastern District of Pennsylvania, 601
Market Street, Room 2609, Philadelphia, PA 19106, to be credited to Civil Action No. 18-1848.

After the initial partial filing fee is collected and until the full filing fee is paid, the
Superintendent or other appropriate official at SCI Phoenix or at any other prison at which Ryant
may be incarcerated, shall deduct from Ryant’s account, each time that Ryant’s inmate trust fund
account exceeds $10.00, an amount no greater than 20 percent of the money credited to his
account during the preceding month and forward that amount to the Clerk of Court at the address
provided above to be credited to Civil Action No. 18-1848.
5.

The Clerk of Court is DIRECTED to send a copy of this Order to the

Superintendent of SCI Phoenix.
6.

The Complaint and Amended Complaint are DEEMED filed.

7.

The Complaint and Amended Complaint are DISMISSED for failure to state a

claim, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), for the reasons set forth in the Court’s
Memorandum. Ryant’s claims against the Pennsylvania Board of Probation and Parole, the
Department of Corrections, and SCI Graterford are DISMISSED with prejudice. Any claims
challenging Ryant’s parole violation sentence, which are barred by Heck v. Humphrey, 512 U.S.
477 (1994), are DISMISSED without prejudice to Ryant’s right to pursue them in a new
lawsuit if and when he is successful in challenging that sentence. Ryant may not file a second
amended complaint in this matter.
8.

The Clerk of Court shall CLOSE this case.
BY THE COURT:

/s/ Gerald Austin McHugh
United States District Judge