SMALLS

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ANDRE SMALLS, : Plaintiff, : : v. : CIVIL ACTION NO. 20-5842 : BRADLEY E. HALTER, et al., : Defendants. : ORDER AND NOW, this 24th day of February, 2021, upon consideration of Andre Smalls’s Amended Complaint (ECF No. 13) and his filing titled “Add to Complain[t]” (ECF No. 20), it is ORDERED that: 1. Smalls’s Amended Complaint is DISMISSED for failure to state a claim for the reasons discussed in the Court’s Memorandum. Smalls’s claims against Wallace H. Bateman and his claims challenging the search of his person and home are DISMISSED WITH PREJUDICE. Smalls’s claims challenging the revocation of his probation and related imprisonment 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 Smalls filing a new case only in the event his underlying parole revocation is reversed, vacated, or otherwise invalidated. This dismissal also does not prevent Smalls from proceeding on a petition for a writ of habeas corpus. 2. The Clerk of Court shall CLOSE this case. BY THE COURT: /s/ C. Darnell Jones, II C.Darnell Jones, II J.