ROSE v. WALMART CORPORATION

• Court: District Court, E.D. Pennsylvania
• Decided: January 19, 2022
• Docket: 5:21-cv-04092
• Status: Unknown

Opinion

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

JIMI ROSE, : Plaintiff, : : v. : CIVIL ACTION NO. 21-CV-4092 : WALMART CORPORATION, et al., : Defendants. :

ORDER AND NOW, this 19th day of January, 2022, upon consideration of Plaintiff Jimi Rose’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. 2. The Complaint is DEEMED filed. 3. For the reasons stated in the Court’s Memorandum, the Complaint is DISMISSED as follows: a. Rose’s federal claims, other than any federal constitutional claim brought pursuant to 42 U.S.C. § 1983, are DISMISSED WITH PREJUDICE for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii); b. Any federal constitutional claim brought pursuant to § 1983 is DISMISSED WITHOUT PREJUDICE as barred by Heck v. Humphrey, 512 U.S. 477, (1994) and Rose may reassert that claim in a new civil action if the bar is ever removed. c. Rose’s state law claims are DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction, and he may pursue those claims in the appropriate state court. 4. The Clerk of Court is DIRECTED to close this case.

BY THE COURT:

/s/ Jeffrey L. Schmehl JEFFREY L. SCHMEHL, J.