STANFORD v. UNCAPHER et al
| ORLANDO STANFORD |
| DANIEL UNCAPHER, SETH HOSACK, CITY OF LEECHBURG, COUNTY OF WESTMORELAND and ALLEGHENY TOWNSHIP POLICE DEPARTMENT |
| 2:2016cv01651 |
| November 1, 2016 |
| US District Court for the Western District of Pennsylvania |
| Pittsburgh Office |
| Westmoreland |
| Cathy Bissoon |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
9
ORDER STAYING CASE (and Statistical Case Closing). Having been granted leave to proceed IFP, Plaintiff is subject to the screening provisions in 28 U.S.C. § 1915(e). As part of the screening process, the Court may consider whether a plaintiff&# 039;s civil rights claim(s) are premature in light of Heck v. Humphrey. Furthermore, when a plaintiff files an arrest-related civil rights claim before he has been convicted, or files any other claim related to rulings that will likely be made in a pending or anticipated criminal trial, it is within the power of the district court, and in accord with common practice, to stay the civil action until the criminal case or the likelihood of a criminal case is ended. Here, the public record confirms that Plaintiff's claims are directly related to the state court criminal-charges now pending against him. Under the circumstances, Plaintiff's claim(s) are premature, and this case hereby is STAYED and ADMINISTRATIVELY CLOSED. If and when P laintiff's state charges are dismissed or resolved in his favor, he may file with this Court a motion to reopen his case. Plaintiff is forewarned, however, that any such motion must be appropriately supported, and, should it be in contradiction to his state-court criminal docket, the request will (in the absence of good cause) be summarily denied. In light of the rulings herein, Plaintiff's Motion to Appoint Counsel (Doc. 8 ) is DENIED AS MOOT. Signed by Judge Cathy Bissoon on 11/28/16. (dcd) Staff note: a copy of this Order was sent today, via First-Class U.S. Mail, to Plaintiff's address of record.
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