DUKES v. PAPPAS

Filing 9

ORDER THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED. ALL CLAIMS FOR NONMONETARY RELIEF ARE DISMISSED FOR LACK OF STANDING. ALL CLAIMS ARISING OUT OF THE PLAINTIFF'S CRIMINAL TRIAL CONVICTION ARE DISMISSED AS BARRED BY HECK v. HUMPHREY, 512 U.S. 477(1994). ALL CLAIMS AGAINST UNITED STATES AND FINRA ARE DISMISSED FOR FAILURE TO COMPLY WITH THE EXHAUSTION REQUIREMENT OF THE FEDERAL TORT CLAIMS ACT. ALL REMAINING CLAIMS ARISING OUT OF PLAINTIFF'S ENFORCEMENT PROCEEDINGS ARE DISMISSED AS BARRED BY THE DOCTRINE OF PROSECUTORIAL IMMUNITY. ALL REMAINING SEC. 1983 AND BIVENS CLAIMS ARISING OUT OF EVENTS ON OR BEFORE 7/23/06 ARE DISMISSED AS TIME BARRED. DEFENDANTS DELANCEY, CURRAN, LEE, FIRNA AND THE UNITED STATES ARE DISMISSED AS PAR TIES TO THIS ACTION. PLAINTIFF IS INSTRUCTED TO FILE A SECOND AMENDED COMPLAINT WITHIN THIRTY (30) DAYS, SPECIFYING THE CONTENT AND TIME OF EACH ALLEGEDLY WRONGFUL STATEMENT THAT THE DEFENDANTS MADE TO FWC MEMBERS OR THE PUBLIC AND IDENTIFYING THE PA RTICULAR DEFENDANT WHO MADE EACH SPECIFIC STATEMENT. SHOULD PLAINTIFF NOT FILE A SECOND AMENDED COMPLAINT AS SPECIFIED THE BALANCE OF THE CLAIMS IN THE COMPLAINT WILL BE DISMISSED WITHOUT FURTHER NOTICE TR PLAINTIFF. SIGNED BY HONORABLE WILLIAM H. YOHN, JR ON 2/17/10. 2/18/10 ENTERED AND COPIES MAILED. (jpd)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MARCUS DUKES, Plaintiff, v. CATHERINE PAPPAS, Senior Trial Counselor, Securities and Exchange Commission., et al., Defendants. ORDER YOHN, J. And now, this 17th day of February, 2010, pursuant to the authority conferred by 28 U.S.C. 1915(e)(2), it is hereby ORDERED that: 1. Leave to proceed in forma pauperis is granted. 2. All claims for nonmonetary relief are DISMISSED for lack of standing. 2. All claims arising out of plaintiff's criminal trial and conviction are DISMISSED as barred by Heck v. Humphrey, 512 U.S. 477 (1994). 3. All claims against the United States and FINRA are DISMISSED for failure to comply with the exhaustion requirement of the Federal Tort Claims Act. 4. All remaining claims arising out of plaintiff's civil enforcement proceedings are DISMISSED as barred by the doctrine of prosecutorial immunity. 5. All remaining 1983 and Bivens claims arising out of events on or before July 23, 2006, are DISMISSED as time-barred. 6. Defendants Delacy, Curran, Lee, FINRA, and the United States are DISMISSED as parties to this action. 7. Plaintiff is instructed to file a second amended complaint within 30 days, specifying the content and time of each allegedly wrongful statement that the remaining defendants made to FWC members or the public and identifying the particular defendant who made each specific statement. Should the plaintiff not file a second amended complaint as specified, the balance of the claims in the complaint will be dismissed without further notice to the plaintiff. /s/ William H. Yohn Jr. William H. Yohn Jr., Judge : : CIVIL ACTION : : No. 09-3869 : : : : :

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