RAMIREZ CANTARERO v. DEPARTMENT OF DE NINOS, JOVENS Y FAMILIAS DEL CONDADO DR CHESTER, PA 19380 0990 et al

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JOSE ABELARDO RAMIREZ 	:
CANTARERO, 	:
Plaintiff, 	:
:
v. 	: 	CIVIL ACTION NO. 25-CV-3499
:
DEPARTMENT OF DE NINOS, 	:
JOVENS Y FAMILIAS DEL CONDADO :
DR CHESTER, PA 19380 0990, et al., 	:
Defendants. 	:
ORDER
AND NOW, this 15th day of October, 2026, upon consideration of Jose Abelardo
Ramirez Cantarero’s Motion to Proceed In Forma Pauperis (Dkt. No. 6), Prisoner Trust
Fund Account Statement (Dkt. No. 7), this Court’s Order entered on September 3, 2025
(Dkt. No. 8), and pro se Amended Complaint (Dkt. No. 18), it is ORDERED that:
1. 	The Clerk of Court is DIRECTED to REOPEN this case.
2. 	Insofar as this Court’s prior Order (Dkt. No. 8) denied Ramirez
Cantarero’s Motion to Proceed In Forma Pauperis, that ruling is vacated and Ramirez
Cantarero’s Motion to Proceed In Forma Pauperis is GRANTED pursuant to 28 U.S.C.
§ 1915.
3. 	Jose Abelardo Ramirez Cantarero, #0078718, 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 Chester County Prison or other appropriate
official to assess an initial filing fee of 20% of the greater of (a) the average monthly
deposits to Ramirez Cantalero’s inmate account; or (b) the average monthly balance in
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Ramirez Cantarero’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 Ramirez Cantarero’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 Ramirez Cantarero’s inmate account
until the fees are paid. Each payment shall refer to the docket number for this case.
4. 	The Clerk of Court is DIRECTED to send a copy of this Order to the
Warden of Chester County Prison.
5. 	The Amended Complaint is DEEMED filed.
6. 	The Clerk is further DIRECTED to restrict access to the Amended
Complaint (Dkt. No. 18) and to “Statements” (Dkt. No. 19) to public terminal users
only because they contain personally identifiable information.1 Ramirez Cantarero
shall refrain from including his minor child’s name in future filings.
7. 	All claims asserted on behalf of a third party minor child are
DISMISSED WITHOUT PREJUDICE for the reasons provided in the accompanying
Memorandum.
1 This limits viewing of the Complaint on the court’s CM/ECF system to court users, case
participants, and those using the court computer in the Clerk’s Office. Pursuant to Local
Rule 5.1.3., “[a]s documents in civil cases are publicly viewable (unless filed under seal),
personal identifiers such as Social Security numbers, dates of birth, financial account
numbers and names of minor children must be modified or partially redacted in all
documents filed electronically or in paper.” See also Fed. R. Civ. P. 5.2(a) (regarding
personal information in court filings).
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8. 	The balance of Ramirez Cantarero’s Complaint is DISMISSED
WITHOUT PREJUDICE, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), as barred by Heck
v. Humphrey, 512 U.S. 477 (1994). The dismissal is without prejudice to Ramirez
Cantarero filing a new case only in the event his underlying conviction is reversed,
vacated, or otherwise invalidated.
9. 	The Clerk of Court shall CLOSE this case.
BY THE COURT:
/s/ Gerald J. Pappert
Gerald J. Pappert, J.
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