Probst v. Williamsport

Full title: STACEY PROBST, ERIKA PROBST; et al., Plaintiffs v. WILLIAMSPORT, PA POLICE…

Court: United States District Court, Middle District of Pennsylvania

Date published: Aug 8, 2023

Civil Action 23-CV-1231 (M.D. Pa. Aug. 8, 2023)

Opinion

Civil Action 23-CV-1231

08-08-2023

STACEY PROBST, ERIKA PROBST; et al., Plaintiffs v. WILLIAMSPORT, PA POLICE OFFICER, et al., Defendants

NITZA I. QUINONES ALEJANDRO, Judge.

ORDER

NITZA I. QUINONES ALEJANDRO, Judge.

AND NOW, this 7^th day of August, 2023, upon consideration of Plaintiff Stacey Probst's Motion to Proceed In Forma Pauperis (ECF No. 1), pro se Complaint (ECF No. 2), and Motion to appoint counsel (ECF No. 3), it is hereby ORDERED that:

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

2. The Complaint is DEEMED filed.

3. All claims brought by or on behalf of (1) Erika Probst or (2) Stacey and Erika Probst's minor children, and (3) all wrongful death/survivorship claims are DISMISSED WITHOUT PREJUDICE for the reasons stated in the Court's Memorandum.

4. The Clerk of Court is DIRECTED to terminate the City of Philadelphia, Temple Hospital and Dr. Duncan as Defendants.

5. The Clerk of Court is DIRECTED to TRANSFER the above-captioned case to the United States District Court for the Middle District of Pennsylvania for consideration of Stacey Probst's excessive force claim against the remaining Defendants.

6. The Motion for appointment of counsel shall be left to the discretion of the transferee court.