Opinion
Civil Action 23-CV-4841
06-03-2024
RAFIYQ DAVIS, Plaintiff, v. CITY OF PHILADELPHIA, et al. Defendants.
ORDER
MITCHELL S. GOLDBERG, J.
AND NOW, this 3rd day of June, 2024, upon consideration of Plaintiff Rafiyq Davis's Motions to Proceed In Forma Pauperis (ECF Nos. 10, 13), 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 for the reasons in the Court's Memorandum as follows:
a. Davis's claims challenging the constitutionality of his conviction, imprisonment, or revocation of probation are DISMISSED WITHOUT PREJUDICE to Davis raising those claims in a newly filed civil action only in the event the conviction or sentences are first reversed, vacated, or otherwise invalidated; and
b. Davis's claims based on the taxation of marijuana will be DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction.
c. The balance of Davis's Complaint is DISMISSED WITH PREJUDICE as time barred.
4. The Clerk of Court shall CLOSE this case.