Opinion

BROWN v. COHEN

Court
District Court, E.D. Pennsylvania
Filed
Oct 6, 2022
Cited by
0 cases
Authority
More cited than 28.9%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

RAYMOND BROWN, :

Plaintiff, :

:

v. : CIVIL ACTION NO. 22-2499

:

DENIS P. COHEN, et al., :

Defendants. :

ORDER

AND NOW, this 6th day of October 2022, upon consideration of Raymond Brown’s

Motion to Proceed In Forma Pauperis [Doc. No. 1], his pro se Amended Complaint [Doc. No.

4], and his Emergency Motion for Preliminary Injunction [Doc. No. 5], it is hereby

ORDERED that:

1. Leave to proceed in forma pauperis is GRANTED pursuant to 28 U.S.C. §

1915.

2. The Amended Complaint is deemed FILED.

3. The Clerk of Court is directed to TERMINATE Helen Fitzpatrick as a

Defendant.

4. Brown’s Amended Complaint is DISMISSED without prejudice, pursuant to

28 U.S.C. § 1915(e)(2)(B)(ii), as barred by Heck v. Humphrey, 512 U.S. 477 (1994). The

dismissal is without prejudice to Brown filing a new § 1983 action, but he may do so only in the

event that his underlying convictions are reversed, vacated, or otherwise invalidated.

5. Brown’s Emergency Motion for Preliminary Injunction is DENIED.

6. The Clerk of Court shall CLOSE this case.

It is so ORDERED.

BY THE COURT:

/s/ Cynthia M. Rufe

CYNTHIA M. RUFE, J.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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