Opinion
Civil Action 24-CV-1514
06-21-2024
ORDER
JOHN M. GALLAGHER, J.
AND NOW, this 21st day of June, 2024, upon consideration of Plaintiff Peter Sinclair's second Motion to Proceed In Forma Pauperis (ECF No. 6), pro se Complaint (ECF No. 2), and Emergency Motion for Order (ECF No. 8), 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 stated in the Court's Memorandum as follows:
a. Sinclair's constitutional claims are DISMISSED WITH PREJUDICE;
b. All claims asserted on behalf of the Estate of Donna Radio are DISMISSED WITHOUT PREJUDICE;
c. Sinclair's state law claims are DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction.
4. Sinclair's Emergency Motion for Order is DENIED.
5. The Clerk of Court is DIRECTED to CLOSE this case.
BY THE COURT: