Duncan v. City of Philadelphia

Full title: ROBERT DUNCAN, Plaintiff, v. CITY OF PHILADELPHIA, et al., Defendants.

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

Date published: May 2, 2024

Civil Action 24-CV-1133 (E.D. Pa. May. 2, 2024)

Opinion

Civil Action 24-CV-1133

05-02-2024

ROBERT DUNCAN, Plaintiff, v. CITY OF PHILADELPHIA, et al., Defendants.

KAI SCOTT, J.

ORDER

KAI SCOTT, J.

AND NOW. this 2^nd day of May, 2024, upon consideration of Plaintiff Robert Duncan's Motion to Proceed In Forma Pauperis (ECF No. 5), 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. For the reasons stated in the Court's accompanying Memorandum, the Complaint is DISMISSED as follows:

a. Any claims raised on behalf of James Malone are DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction: and

b. Any claims raised on behalf of Robert Duncan are DISMISSED WITH PREJUDICE for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).

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