HART v. O.F. OBERLANDER

Opinion

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

WILLIE HART, : Plaintiff, : : v. : CIVIL ACTION NO. 20-CV-3533 : D.F. OBERLANDER, et al., : Defendants. :

ORDER AND NOW, this 11th day of January, 2021, upon consideration of Plaintiff Willie Hart’s Amended Complaint (ECF No. 11), it is ORDERED that: 1. For the reasons stated in the Court’s Memorandum, Hart’s claims based on his October 2013 arrest and his claims against Defendant Gwendolyn N. Bright for sentencing him as a sexually violent predator are DISMISSED WITH PREJUDICE for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). 2. For the reasons stated in the Court’s Memorandum, the remainder of the claims in Hart’s Amended Complaint are 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 Hart filing a new case only in the event his underlying conviction is reversed, vacated, or otherwise invalidated. 3. The Clerk of Court shall CLOSE this case. BY THE COURT:

/s/ Juan R. Sánchez JUAN R. SÁNCHEZ, C.J.