YARBOUGH v. STATE OF PENNSYLVANIA

Opinion

DURRELLE YARBOUGH : CIVIL ACTION Plaintiff : : v. : NO. 24-CV-6356 : STATE OF PENNSYLVANIA, et al., : Defendants :

O R D E R AND NOW, this 24th day of September 2025, upon consideration of pro se Plaintiff Durrelle Yarbough’s Second Amended Complaint, (ECF No. 19), it is hereby ORDERED that: 1. The Second Amended Complaint is DISMISSED for failure to state a claim, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), without leave to amend, as follows: a. Any claims based on “sovereign-citizen” arguments are DISMISSED, with prejudice, for the reasons set forth in the accompanying Memorandum; b. Any remaining claims for money damages are DISMISSED, without prejudice, as barred by Heck v. Humphrey, 512 U.S. 477 (1994). The dismissal is without prejudice to Yarbough filing a new civil action only in the event that his underlying convictions are reversed, vacated, or otherwise invalidated; and c. Any remaining claims for injunctive relief are DISMISSED, without prejudice, to seeking habeas corpus relief in an appropriate action. 2. The Clerk of Court is to CLOSE this case.

BY THE COURT:

/s/ Nitza I. Quiñones Alejandro NITZA I. QUIÑONES ALEJANDRO Judge, United States District Court