Filing 241

ORDER denying 239 Motion for Attorney Fees. Signed by Judge Arthur J. Schwab on 10/4/2017. (lmt)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA TYRONE GREEN, Plaintiff, 1:14cv0159 ELECTRONICALLY FILED v. RAYMOND BURKHART, JOHN HAGGERTY, JOHN GILARA, DANIEL PACK, JOHN CHILES, and SERGEANT CHERNOSKY, Defendants. MEMORANDUM ORDER Petitioner has filed a “Motion for Attorney’s Fees.” ECF 239. In this Motion, Petitioner requests “attorney/paralegal fees” at $100.00 per hour. Petitioner also requests reimbursement for his costs, specifically, “filing fees, copying fees, postage, and supplies.” Petitioner’s Motion will be denied as follows. First, Petitioner is not entitled to recover for “attorney’s fees” and thus, the Court will deny this portion of the Motion. A pro se litigant who is not a lawyer is not entitled to attorney’s fees. Kay v. Ehrler, 499 U.S. 432, 435 (1991). A rule that authorizes awards of counsel fees to pro se litigants -- even if limited to those who are members of the bar -- would create a disincentive to employ counsel whenever such a plaintiff considered himself competent to litigate on his own behalf. Id. at 437. The statutory policy of furthering the successful prosecution of meritorious claims is better served by a rule that creates an incentive to retain counsel in every such case. Id. Second, the Court will deny as premature the portion of the Motion that requests reimbursement of his costs. Petitioner has filed an appeal with the United States Court of Appeals for the Third Circuit, and until that appeal is fully litigated, the request for reimbursement of costs is premature. Petitioner may re–raise this narrow issue at the appropriate time. SO ORDERED, this 4th day of October, 2017. s/ Arthur J. Schwab Arthur J. Schwab United States District Judge cc: All ECF Registered Counsel of Record and TYRONE GREEN EP-4593 SCI SOMERSET 1600 Walters Mill Road Somerset, PA 15510 PRO SE 2

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