Brown v. Cohen

Full title: RAYMOND BROWN, Plaintiff, v. DENIS P. COHEN, et al., Defendants.

Court: United States District Court, E.D. Pennsylvania

Date published: Oct 6, 2022

Civil Action 22-2499 (E.D. Pa. Oct. 6, 2022)

Opinion

Civil Action 22-2499

10-06-2022

RAYMOND BROWN, Plaintiff, v. DENIS P. COHEN, et al., Defendants.

CYNTHIA M. RUFE, J.

ORDER

CYNTHIA M. RUFE, J.

AND NOW, this 6th day of October 2022, upon consideration of Raymond Brown's Motion to Proceed In Forma Pauperis [Doc. No. 1], his pro se Amended Complaint [Doc. No. 4], and his Emergency Motion for Preliminary Injunction [Doc. No. 5], it is hereby ORDERED that:

1. Leave to proceed in forma pauperis is GRANTED pursuant to 28 U.S.C. § 1915.

2. The Amended Complaint is deemed FILED.

3. The Clerk of Court is directed to TERMINATE Helen Fitzpatrick as a Defendant.

4. Brown's Amended Complaint is 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 Brown filing a new § 1983 action, but he may do so only in the event that his underlying convictions are reversed, vacated, or otherwise invalidated.

5. Brown's Emergency Motion for Preliminary Injunction is DENIED.

6. The Clerk of Court shall CLOSE this case.

It is so ORDERED.