Mosley v. Ten Penn Ctr.

Full title: JAMES MOSLEY, Plaintiff, v. TEN PENN CENTER, et al., Defendants.

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

Date published: Apr 28, 2023

Civil Action 23-CV-0813 (E.D. Pa. Apr. 28, 2023)

Opinion

Civil Action 23-CV-0813

04-28-2023

JAMES MOSLEY, Plaintiff, v. TEN PENN CENTER, et al., Defendants.

GERALD J. PAPPERT, J.

ORDER

GERALD J. PAPPERT, J.

AND NOW, this 28^th day of April, 2023, upon consideration of Plaintiff James Mosley's Motion for Leave to Proceed In Forma Pauperis (ECF No. 1) and his pro se Complaint (ECF No. 2), it is ORDERED that:

1. Leave to proceed in forma pauperis is GRANTED.

2. The Complaint is DEEMED filed.

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

a. Mosley'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. Mosley'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.

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