MOORE v. COMMONWEALTH OF PENNSYLVANIA
This text of MOORE v. COMMONWEALTH OF PENNSYLVANIA (MOORE v. COMMONWEALTH OF PENNSYLVANIA) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JEREMIAH MOORE, : Plaintiff, : : v. : CIVIL ACTION NO. 21-CV-5519 : COMMONWEALTH OF : PENNSYLVANIA, et al., : Defendants. :
ORDER AND NOW, this 14th day of April, 2022, upon consideration of Jeremiah Moore’s Motion for Leave to Proceed In Forma Pauperis (ECF No. 1) and pro se Complaint (ECF No. 2), it is ORDERED that: 1. Leave to proceed in forma pauperis is GRANTED pursuant to 28 U.S.C. § 1915. 2. The Complaint is DEEMED filed. 3. Moore’s Complaint is DISMISSED in its entirety for the reasons discussed in the Court’s Memorandum as follows: a. All claims against the Commonwealth of Pennsylvania, Magistrate District Courthouse 38-1-12, the Pottstown Police Department, Magisterial District Judge Gregory Scott and Magisterial District Judge Edward Kropp, Sr. are DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), (iii); b. The § 1983 claims against Defendants Jamie O’Neill and Craig A. Johnson, arising from his arrest on September 13, 2019 and the dismissal of certain charges on October 2, 2019, are DISMISSED WITH PREJUDICE as time barred; all other claims against Defendants Jamie O’Neill and Craig A. Johnson 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). Moore may file a new case raising the claims currently barred by Heck only in the event his underlying guilty plea and sentence are reversed, vacated, or
otherwise invalidated. 4. The Clerk of Court is DIRECTED to terminate the following Defendants in as parties in this action: (1) the Commonwealth of Pennsylvania; (2) Magistrate District Courthouse 38-1-12; (3) the Pottstown Police Department; (4) Magisterial District Judge Gregory Scott; and (5) Magisterial District Judge Edward Kropp, Sr. 5. The Clerk of Court is DIRECTED to close this case. BY THE COURT:
/s/ Juan R. Sánchez JUAN R. SÁNCHEZ, C.J.
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