Robert Duncan a/k/a James Malone v. City of Philadelphia, et al.

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ROBERT DUNCAN, : a/k/a JAMES MALONE, : Plaintiff, : v. CIVIL ACTION NO. 26-CV-2671 CITY OF PHILADELPHIA, ef al., Defendants. :

ORDER AND NOW, this /§ “day of May, 2026, upon consideration of Plaintiff Robert Duncan a/ka/ James Malone’s Motion to Proceed Jn Forma Pauperis (ECF No. 1), pro se Complaint (ECF No. 2), and Motion to Recuse Judge Kai N. Scott (ECF No. 4), 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. For the reasons stated in the Court’s Memorandum, the Motion to Recuse Judge Kai N. Scott (ECF No. 4) is DENIED. 4. For the reasons stated in the Court’s Memorandum, Duncan’s § 1983 claims 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 Duncan filing a new case only in the event his underlying convictions are reversed, vacated, or otherwise invalidated, 5. The Clerk of Court is DIRECTED to CLOSE this case. BY THE COURT: