Opinion
Civil Action 21-3812
11-19-2021
KEVIN W. HANNA Plaintiff, v. BERKS COUNTY DISTRICT ATTORNEY'S OFFICE COLIN BOYER, et al. Defendants.
ORDER
CYNTHIA M. RUFE, J.
AND NOW, this 19th day of November 2021, upon consideration of Plaintiff Hanna's Application to Proceed In Forma Pauperis [Doc. No. 1] and Complaint [Doc. No. 2], and for the reasons set forth in the accompanying memorandum, it is hereby ORDERED that:
(1) Plaintiff Hanna's Application to Proceed In Forma Pauperis [Doc. No. 1] is GRANTED;
(2) Plaintiff's claims against Defendant Sgt. Menges are STAYED;
(3) Plaintiff's federal claims against Defendant Colin Boyer, Defendant Sean Fitzgerald, Defendant Magistrate “Jane Doe, ” and Defendant Kyle “Doe” are DISMISSED with prejudice; and
(4) Any state claims asserted by Plaintiff against Defendant Colin Boyer, Defendant Sean Fitzgerald, Defendant Magistrate “Jane Doe, ” and Defendant Kyle “Doe” are DISMISSED without prejudice to filing in the appropriate state court.
The Clerk of Court is directed to place this case into CIVIL SUSPENSE until further order of the Court. Plaintiff Hanna shall promptly notify the Court following the resolution of his criminal case. Plaintiff may move to reopen this action at that time.
It is so ORDERED.