HARRISON-EL v. PENGLASE et al

Filing 8

ORDER THE CLERK OF COURT IS DIRECTED TO AMEND THE DOCKET TO REFLECT THAT HARRISON-EL IS CURRENTLY HOUSED AT SCI SMITHFIELD. LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED. THE CLERK OF COURT IS DIRECTED TO SEND A COPY OF THIS ORDER TO THE SUP ERINTENDENT OF SCI SMITHFIELD. THE COMPLAINT IS DEEMED FILED. FOR THE REASONS STATED IN THE COURTS MEMORANDUM, HARRISON-EL'S CLAIM SEEKING RELEASE FROM PRISON AND EXPUNGEMENT OF HIS CRIMINAL RECORD IS DISMISSED WITHOUT PREJUDICE TO HIM PROC EEDING ON A PETITION FOR A WRIT OF HABEAS CORPUS. THE REMAINDER OF HARRISON-ELS COMPLAINT IS DISMISSED WITH PREJUDICE FOR FAILURE TO STATE A CLAIM PURSUANT TO 28 U.S.C. § 1915(E)(2)(B)(II). THE CLERK OF COURT SHALL CLOSE THIS CASE. SIGNED BY DISTRICT JUDGE JOHN M. GALLAGHER ON 3/1/24. 3/1/24 ENTERED AND COPIES (NOT MAILED TO PRO SE) (er)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ALI A. HARRISON-EL,
Plaintiff,
v.
GRAIG PENGLASE, et al.,
Defendants.

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CIVIL ACTION NO. 23-CV-4726

ORDER
AND NOW, this 1st day of March, 2024, upon consideration of Plaintiff Ali A. HarrisonEl’s Motion to Proceed In Forma Pauperis (ECF No. 1), pro se Complaint (ECF No. 2), and
inmate account statement (ECF No. 6), IT IS HEREBY ORDERED that:
1.

The Clerk of Court is DIRECTED to AMEND the docket to reflect that

Harrison-El is currently housed at SCI Smithfield.
2.

Leave to proceed in forma pauperis is GRANTED.

3.

Ali A. Harrison-El, #QQ1519, 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 Smithfield or other appropriate official to assess an initial filing fee of
20% of the greater of (a) the average monthly deposits to Harrison-El’s inmate account; or (b)
the average monthly balance in Harrison-El’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 Harrison-El’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 Harrison-El’s inmate account until the fees are paid. Each payment
shall refer to the docket number for this case.
4.

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

Superintendent of SCI Smithfield.
5.

The Complaint is DEEMED filed.

6.

For the reasons stated in the Court’s Memorandum, Harrison-El’s claim seeking

release from prison and expungement of his criminal record is DISMISSED WITHOUT
PREJUDICE to him proceeding on a petition for a writ of habeas corpus. The remainder of
Harrison-El’s Complaint is DISMISSED WITH PREJUDICE for failure to state a claim
pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).
7. The Clerk of Court shall CLOSE this case.

BY THE COURT:

/s/ John M. Gallagher
JOHN M. GALLAGHER
United States District Court Judge

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