Ellerbe v. U.S. Dist. Court for the E. Dist. of Pa.

Full title: DERRICK J. ELLERBE, Plaintiff, v. U.S. DISTRICT COURT FOR THE EASTERN…

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

Date published: Nov 23, 2022

Civil Action 22-CV-4250 (E.D. Pa. Nov. 23, 2022)

Opinion

Civil Action 22-CV-4250

11-23-2022

DERRICK J. ELLERBE, Plaintiff, v. U.S. DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA, et al. Defendant.

MICHAEL M. BAYLSON, J.

ORDER

MICHAEL M. BAYLSON, J.

AND NOW, this 23^rd day of November, 2022, upon consideration of Plaintiff Derrick J. Ellerbe'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 IN PART WITH PREJUDICE AND IN PART WITHOUT PREJUDICE for the reasons in the Court's Memorandum as follows:

a. The Complaint is DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction to the extent that Ellerbe seeks mandamus relief pursuant to 28 U.S.C. § 1361.

b. The Complaint is DISMISSED WITH PREJUDICE to the extent that Ellerbe seeks to raise civil rights claims.

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