Opinion
Civil Action 22-CV-4631
02-16-2023
ORDER
HARVEY BARTLE III, J.
AND NOW, this 16th day of February, 2023, upon consideration of Louis Mouratidis's Motion to Proceed In Forma Pauperis (ECF No. 1), and Complaint (ECF No. 2) 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. All official capacity claims against all Defendants and the individual capacity claims against Defendants Captain James Matthew, and Detectives Velazquez, Gibson, Cangelosi, and Repici are DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for the reasons stated in the Court's Memorandum.
4. Mouratidis's individual capacity claim against Detective William Murphy is DISMISSED WITHOUT PREJUDICE pending resolution of the state criminal proceedings in Mouratidis's favor, at which time Mouratidis may refile his claim against Detective Murphy.
5. The Clerk of Court is directed to CLOSE this case.