Johnson v. Judge Fred Pierantoni

Full title: ARMONI MASUD JOHNSON, Plaintiff, v. JUDGE FRED PIERANTONI, ET AL.…

Court: UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

Date published: Jul 16, 2015

CIVIL ACTION NO. 3:15-CV-1196 (M.D. Pa. Jul. 16, 2015)

Opinion

CIVIL ACTION NO. 3:15-CV-1196

07-16-2015

ARMONI MASUD JOHNSON, Plaintiff, v. JUDGE FRED PIERANTONI, ET AL., Defendants

Judge Nealon

() ORDER

AND NOW, THIS 16^TH DAY OF JULY, 2015, for the reasons set forth in the Memorandum of this date, IT IS HEREBY ORDERED THAT:

1. Plaintiff's motion for leave to proceed in forma pauperis, (Doc. 2), is GRANTED for the sole purpose of filing the complaint in the above-captioned action;

2. Plaintiff's complaint, (Doc. 1), is DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) as being barred by the doctrine of res judicata;

3. Any claims not barred by res judicata are DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B)(iii);

4. Plaintiff's claims sounding in habeas corpus are DISMISSED WITHOUT PREJUDICE;

5. To the extent that Plaintiff is seeking to remove Commonwealth v. Johnson, CP-40-CR-002713-2011 (Luzerne Cnty. C.P. filed Nov. 15, 2011); Commonwealth v. Johnson, CP-40-CR-00117-2012 (Luzerne Cnty. C.P. filed Sept. 22, 2010); and Commonwealth v. Johnson,CP-40-CR-002553-2012 (Luzerne Cnty. C.P. filed Sept. 18, 2012), pursuant to 28 U.S.C. § 1443, Plaintiff's request is DENIED;

6. Any appeal from this Order will be deemed frivolous, without probable cause and not taken in good faith; and

7. The Clerk of Court is directed to CLOSE this case.

/s/ William J. Nealon

United States District Judge