Miller v. Broaddas

Full title: STAMAR RICHARD MILLER, Plaintiff, v. TERRANCE BROADDAS, et al., Defendants.

Court: United States District Court, E.D. Pennsylvania

Date published: Jul 28, 2022

Civil Action 22-CV-2738 (E.D. Pa. Jul. 28, 2022)

Opinion

Civil Action 22-CV-2738

07-28-2022

STAMAR RICHARD MILLER, Plaintiff, v. TERRANCE BROADDAS, et al., Defendants.

JOHN MILTON YOUNGE, J.

ORDER

JOHN MILTON YOUNGE, J.

AND NOW, this 28^th day of July, 2022, upon consideration of Stamar Richard Miller's Motion to Proceed In Forma Pauperis (ECF No. 4), Prisoner Trust Fund Account Statement (ECF No. 5), and pro se Complaint (ECF No. 2), it is ORDERED that:

1. Leave to proceed in forma pauperis is GRANTED pursuant to 28 U.S.C. § 1915.

2. Stamar Richard Miller, # 20002351, 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 Warden of George W. Hill Correctional Center or other appropriate official to assess an initial filing fee of 20% of the greater of (a) the average monthly deposits to Miller's inmate account; or (b) the average monthly balance in Miller's inmate account for the six-month period immediately preceding the filing of this case. The Warden 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 Miller's inmate trust fund account exceeds $10.00, the Warden or other appropriate official shall forward payments to the Clerk of Court equaling 20% of the preceding month's income credited to Miller's inmate account until the fees are paid. Each payment shall refer to the docket number for this case.

3. The Clerk of Court is DIRECTED to send a copy of this Order to the Warden of George W. Hill Correctional Center.

4. The Complaint is DEEMED filed.

5. Miller's Complaint is STAYED pursuant to abstention doctrine of Younger v. Harris until such time as all related proceeding in state court have been resolved (including appeals and post-conviction proceedings, if applicable).

6. The Clerk of Court shall CLOSE this case.

7. Miller shall inform the Court when all related proceeding in state court have been resolved. He may do so at that time by filing a Motion to reopen this case.