JOHNSON v. PERSON

Filing 38

OPINION/ORDER THAT DEFENDANT'S MOTION TO DISMISS, ECF NO. 13, IS GRANTED. THE AMENDED COMPLAINT IS DISMISSED WITH PREJUDICE. BUT JOHNSON'S ACCESS TO THE COURT CLAIM IS DISMISSED WITHOUT PREJUDICE TO HIM FILING A NEW CIVIL ACTION IN THE EVE NT HIS MURDER CONVICTION IS INVALIDATED. PLAINTIFF'S MOTION FOR SANCTIONS, ECF NO. 34, IS DENIED. THE CLERK OF COURT SHALL CLOSE THIS CASE.SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 3/30/18. 3/30/18 ENTERED AND COPIES MAILED TO PRO SE' AND E-MAILED. (ky, )

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA __________________________________________ JAMIEL JOHNSON, : : : v. : : JOHN N. PERSON, : Defendant. : __________________________________________ Plaintiff, No. 2:16-cv-05287 ORDER AND NOW, this 30th day of March, 2018, upon consideration of Defendant’s Motion to Dismiss, ECF No. 13, and Plaintiff’s Motion for Sanctions, ECF No. 34, and for the reasons set forth in the Opinion issued this date, it is ORDERED that: 1. Defendant’s Motion to Dismiss, ECF No. 13, is GRANTED; 2. The Amended Complaint is DISMISSED with prejudice. But Johnson’s access to the court claim is dismissed without prejudice to him filing a new civil action in the event his murder conviction is invalidated; 3. Plaintiff’s Motion for Sanctions, ECF No. 34, is DENIED; 4. The Clerk of Court shall CLOSE this case. BY THE COURT: /s/ Joseph F. Leeson, Jr._____________ JOSEPH F. LEESON, JR. United States District Judge 1 033018

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