GARVIN v. CITY OF PHILADELPHIA

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

UMAR GARVIN, : Plaintiff, : : v. : CIVIL ACTION NO. 20-CV-2988 : CITY OF PHILADELPHIA, : Defendant. :

ORDER AND NOW, this 30th day of July, 2020, upon consideration of Umar Garvin’s pro se Complaint (ECF No. 1) and Letter (ECF No. 3), it is ORDERED that: 1. Garvin’s Complaint is DISMISSED WITHOUT PREJUDICE, pursuant to 28 U.S.C. § 1915A(b)(1), as barred by Heck v. Humphrey, 512 U.S. 477 (1994). The dismissal is without prejudice to Garvin filing a new case only in the event the decision to revoke his probation or parole and his related sentence are reversed, vacated, or otherwise invalidated. 2. The Clerk of Court shall furnish Garvin with a blank copy of this Court’s current standard form for filing a petition pursuant to 28 U.S.C. § 2254. Garvin may use this form to file a habeas action after exhausting state remedies if he chooses to do so. 3. The Clerk of Court shall CLOSE this case. BY THE COURT:

/s/ Gerald Austin McHugh

GERALD A. McHUGH, J.