NELLOM v. EXELON CORPORATION

Opinion

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

FRANK NELLOM, : Plaintiff, : : v. : Case No. 2:22-cv-1093-JDW : EXELON CORPORATION, et al., : Defendants. :

ORDER AND NOW, this 5th day of May, 2022, upon consideration of Plaintiff Frank Nellom’s Motion to Proceed In Forma Pauperis (ECF No. 5), and pro se Complaint (ECF No. 1) it is ORDERED as follows: 1. Leave to proceed in forma pauperis is GRANTED pursuant to 28 U.S.C. § 1915; 2. The Complaint is deemed filed; and 3. The Complaint is DISMISSED IN PART WITH PREJUDICE AND IN PART WITHOUT PREJUDICE for the reasons in the accompanying Memorandum, as follows: a. All claims under the Pennsylvania Constitution seeking money damages are DISMISSED WITH PREJUDICE. b. All other claims are DISMISSED without prejudice as barred by Heck v. Humphrey, 512 U.S. 477 (1994), for the reasons stated in Nellom v. Exelon Corp., No. 22-268, 2022 WL 784518 (E.D. Pa. Mar. 15, 2022). The Clerk of Court shall mark this case closed for statistical purposes. BY THE COURT:

/s/ Joshua D. Wolson JOSHUA D. WOLSON, J.