Bryant v. U.S.

Full title: JAMES E. BRYANT, Plaintiff, v. U.S. OF AMERICA, et al., Defendants.

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

Date published: May 17, 2024

Civil Action 24-CV-0744 (E.D. Pa. May. 17, 2024)

Opinion

Civil Action 24-CV-0744

05-17-2024

JAMES E. BRYANT, Plaintiff, v. U.S. OF AMERICA, et al., Defendants.

KAI SCOTT, J.

ORDER

KAI SCOTT, J.

AND NOW, this 17^th day of May, 2024, upon consideration of Plaintiff James E. Bryant's Motion 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 pursuant to 28 U.S.C. § 1915.

2. The Complaint is DEEMED filed.

3. The Complaint is DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for the reasons in the Court's Memorandum, as barred by Heck v. Humphrey, 512 U.S. 477 (1994). The dismissal is without prejudice to Bryant filing a motion to vacate his sentence pursuant to 28 U.S.C. § 2255 in his criminal case, and without prejudice to Bryant reasserting his claims for declaratory relief in a new civil action only in the event his underlying conviction is reversed, vacated, or otherwise invalidated. Bryant is not given leave to file an amended complaint in this case.

4. The Clerk of Court is DIRECTED to CLOSE this case.