Cockerham v. Cockerham

Full title: MICHAEL A. COCKERHAM, Plaintiff, v. MARJORIE ANN COCKERHAM, Defendant.

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

Date published: May 1, 2023

Civil Action 23-335 (E.D. Pa. May. 1, 2023)

Opinion

Civil Action 23-335

05-01-2023

MICHAEL A. COCKERHAM, Plaintiff, v. MARJORIE ANN COCKERHAM, Defendant.

MURPHY, J.

ORDER

MURPHY, J.

AND NOW, this 1^st day of May 2023, upon consideration of Plaintiff Michael A. Cockerham's Motion for leave to proceed in forma pauperis (DI 1), his pro se Amended Complaint (DI 9), assorted exhibits (DI 6-8, 10-12), and a Request to File Electronically (DI 5), it is ORDERED:

1. Mr. Cockerham's Motion for leave to proceed in forma pauperis (DI 1) is GRANTED.

2. The Amended Complaint is DEEMED filed.

3. Mr. Cockerham's Request to File Electronically (DI 5) is DENIED AS MOOT.¹

1 A review of the docket shows that Mr. Cockerham apparently resolved any issue with electronic filing as he appears to have successfully filed all of his submissions.

4. For the reasons stated in the Court's Memorandum, the Amended Complaint is DISMISSED as follows:

a. Mr. Cockerham's claims brought pursuant to 42 U.S.C. § 1983 are DISMISSED WITH PREJUDICE for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii); and,

b. Mr. Cockerham's state law claims are DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction, and he may pursue those claims in the appropriate state court.

5. The Clerk of Court is DIRECTED to close this case.