Eric Heilner, et al. v. Attorney General of the Commonwealth of Pennsylvania, et al.

Summary

The United States District Court for the Middle District of Pennsylvania dismissed without prejudice claims brought by several plaintiffs and granted Plaintiff Rivera leave to proceed in forma pauperis subject to payment of the filing fee under 28 U.S.C. § 1915. The court deemed the complaint filed but dismissed it without prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii), denied class certification, and permitted the plaintiffs to file an amended complaint by January 2, 2026. The order also directed the Clerk to obtain trust account information and provide Plaintiff Heilner with the correct in forma pauperis application.

Holdings

1. The complaint was dismissed without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).
2. The claims raised by Dantzler-Harris, Cunagin, Zernicke, and Settle were dismissed without prejudice pursuant to 28 U.S.C. § 1914.
3. Rivera's application to proceed in forma pauperis was granted, but Rivera remains responsible for the full $350 filing fee, payable through the statutory inmate-account deduction procedure.
4. Plaintiffs' request for class certification was denied.
5. Plaintiffs were permitted to file an amended complaint by January 2, 2026; if no amended complaint or notice of intent to stand on the complaint is filed, the case will be closed.

Questions Presented

1. Whether the complaint should be dismissed without prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii).
2. Whether the claims of Dantzler-Harris, Cunagin, Zernicke, and Settle should be dismissed under 28 U.S.C. § 1914.
3. Whether Rivera should be permitted to proceed in forma pauperis subject to payment of the statutory filing fee.
4. Whether plaintiffs' request for class certification should be denied.
5. Whether plaintiffs should be permitted to file an amended complaint.

Disposition

dismissed