Opinion
No. 793 MAL 2017
05-01-2018
Anthony BRIDGEFORD, Petitioner v. G. ALLISON, Captain Abrashoff, S. Ellenberger, A. Shope, B. Fisher, K. Kauffman, J. Dupont, E. Tice, and Captain Eichenlaub, Respondents
ORDER
PER CURIAM.
AND NOW, this 1st day of May, 2018, the Petition for Allowance of Appeal is GRANTED, the order of the Commonwealth Court is VACATED, and the matter is REMANDED for consideration of the merits of Petitioner's appeal. As the common pleas court had not originally granted Petitioner in forma pauperis (IFP) status, the Commonwealth Court's reference to Rule of Appellate Procedure 551 in its defect correction notice was in error. Instead, Rule of Appellate Procedure 552, which Petitioner followed, controlled. See Pa.R.A.P. 552. Because Petitioner's post-appeal IFP application was pending before the common pleas court, the Commonwealth Court should not have dismissed Petitioner's appeal for failing to comply with the defect correction notice. Furthermore, since the Commonwealth Court subsequently granted IFP status to Petitioner, no filing fee shall be required for the appeal before that court.