MUCHISON v. MOLLY et al

Filing 5

ORDER THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED. THE COMPLAINT IS DISMISSED. PLAINTIFF MAY NOT FILE AN AMENDED COMPLAINT IN THIS CASE. THE CLERK OF COURT SHALL CLOSE THIS CASE.. SIGNED BY HONORABLE GERALD J. PAPPERT ON 8/7/2017. 8/7/2017 ENTERED AND COPIES MAILED TO PRO SE.(kp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DERRICK MUCHISON
v.
LOUIS MOLLY, et al.

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CIVIL ACTION

NO. 17-3313

ORDER
AND NOW, this 7th day of August, 2017, upon consideration of plaintiff’s motion to
proceed in forma pauperis and his pro se complaint, it is ORDERED that:
1.

Leave to proceed in forma pauperis is GRANTED.

2.

The complaint is DISMISSED for the reasons stated in the Court’s Memorandum.

Plaintiff may not file an amended complaint in this case. The claims that the Court dismissed as
barred by Heck v. Humphrey, 512 U.S. 477, 486-87 (1994) are dismissed without prejudice to
plaintiff filing a new civil action for damages against an appropriate defendant in the event his
convictions and sentence are overturned or otherwise called into question. All other claims are
dismissed with prejudice.
3.

The Clerk of Court shall CLOSE this case.
BY THE COURT:

/s/ Gerald J. Pappert
GERALD J. PAPPERT, J.