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Ballard v. Weiner

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
Mar 30, 2021
CIVIL ACTION NO. 20-6220 (E.D. Pa. Mar. 30, 2021)

Opinion

CIVIL ACTION NO. 20-6220

03-30-2021

TODD BALLARD v. STEVEN WEINER and GINA CLARK


MEMORANDUM Savage, J.

Todd Ballard, a prisoner currently incarcerated at SCI-Phoenix, initiated this action by filing two documents on forms entitled "Private Criminal Complaint." The forms are provided by the Commonwealth of Pennsylvania for use of complainants to initiate private criminal proceedings in state court. The Clerk of Court treated the filings as commencing a civil action.

On December 22, 2020, we ordered the Clerk to provide Ballard with the Court's standard form for filing an application to proceed in forma pauperis and ordered Ballard to complete and file the application with a certified copy of his inmate account statement. After receiving the Order, Ballard returned the application to proceed in forma pauperis. He stated unequivocally, "(I submitted Criminal Complaints and a Petition for Injunctive Relief) not a civil Complaint." He reiterates that he seeks "injunctive relief pending criminal complaints." Thus, he does not intend to proceed with a civil action.

Application for Prisoners to Proceed in District Court Without Prepaying Fees or Costs at 1 (Doc. No. 8).

Id. at 2. --------

The Prisoner Litigation Reform Act ("PLRA") requires a court to screen a prisoner complaint for possible dismissal before or as soon as practical after docketing. 28 U.S.C. § 1915A(a). The court must dismiss the action if it "(1) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief." 28 U.S.C. Ss 1915(e)(2).

A court may dismiss an action "at any time" whether an IFP application is pending or not. Thus, a court has the discretion to evaluate an IFP application before, after or simultaneously with screening the merits. Brown v. Sage, 941 F.3d 655, 660 (3d Cir. 2019).

Without ruling on the application to proceed in forma pauperis, we shall dismiss this action without prejudice to Ballard's right to proceed in state court. The federal court does not have the authority to initiate criminal proceedings. Colon-Montanez v. Pennsylvania Healthcare Serv. Staffs, 530 F. App'x 115, 118 (3d Cir. 2013) (per curiam). Ballard's recourse is to file his private criminal complaint in the Pennsylvania courts.


Summaries of

Ballard v. Weiner

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
Mar 30, 2021
CIVIL ACTION NO. 20-6220 (E.D. Pa. Mar. 30, 2021)
Case details for

Ballard v. Weiner

Case Details

Full title:TODD BALLARD v. STEVEN WEINER and GINA CLARK

Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

Date published: Mar 30, 2021

Citations

CIVIL ACTION NO. 20-6220 (E.D. Pa. Mar. 30, 2021)