Opinion
2:22-cv-00268-JDW
03-15-2022
FRANK NELLOM, Plaintiff, v. EXELON CORPORATION, et al., Defendants.
ORDER
JOSHUA D. WOLSON, J.
AND NOW, this 15th day of March, 2022, upon consideration of Plaintiff Frank Nellom's Application for Relief from Judgment (ECF No. 10), the Exhibits attached thereto, and Nellom's Amended Complaint (ECF No. 7), it is ORDERED that:
1. The Application for Relief from Judgment, construed as a Motion pursuant to Federal Rules of Civil Procedure 59(e), is GRANTED;
2. The Court's Order (ECF No. 9) dismissing this case in its entirety without prejudice due to the bar of Heck v. Humphrey, 512 U.S. 477 (1994) is VACATED;
3. The claims contained in the Amended Complaint are DISMISSED WITHOUT PREJUDICE. Mr. Nellom may reassert his claims in a new civil action in the event his conviction in Commonwealth v. Nellom, CP-23-CR-0007367-2018 (C.P. Delaware) is overturned or otherwise invalidated or called into question; and
4. This case will remain closed. 1