BATTLES v. PENNA HOUSING FINANCE AGENCY et al

Filing 8

ORDER THAT THE CLERK OF COURT IS DIRECTED TO REOPEN THIS CASE. THE COURT'S 4/9/2018 ORDER 5 , WHICH DISMISSED THIS CASE FOR FAILURE TO PROSECUTE, IS VACATED. THE AMENDED COMPLAINT IS DISMISSED WITHOUT PREJUDICE FOR FAILURE TO STATE A CLAIM, PUR SUANT TO 28 U.S.C. 1915(e)(2)(B)(ii), IN ACCORDANCE WITH THE COURT'S MEMORANDUM. TO THE EXTENT THAT BATTLES SEEKS TO CHALLENGE THE STATE COURT'S DETERMINATION REGARDING HER CAPACITY, SUCH CLAIMS ARE DISMISSED FOR LACK OF JURISDICTION PURSUA NT TO THE ROOKER-FELDMAN DOCTRINE. BATTLES IS GIVEN LEAVE TO FILE A SECOND AMENDED COMPLAINT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER. UPON THE FILING OF A SECOND AMENDED COMPLAINT, THE CLERK OF COURT SHALL NOT MAKE SERVICE UNTIL SO ORDERED BY THE COURT. THE CLERK OF COURT IS DIRECTED TO FURNISH BATTLES WITH A BLANK COPY OF THIS COURT'S CURRENT STANDARD FORM TO BE USED BY A PRO SE LITIGANT FILING A CIVIL ACTION BEARING THE ABOVE-CAPTIONED CIVIL ACTION NUMBER. IF BATTLES FAILS TO FI LE A SECOND AMENDED COMPLAINT, HER CASE MAY BE DISMISSED FOR FAILURE TO PROSECUTE WITHOUT FURTHER NOTICE. SIGNED BY HONORABLE GERALD J. PAPPERT ON 5/1/18. 5/2/18 ENTERED AND STANDARD COMPLAINT FORM & COPIES MAILED TO PRO SE.(ti, ) Modified on 5/2/2018 (ti, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MISS BOBBIE JEAN BATTLES,
Plaintiff,
v.
PENNA HOUSING
FINANCE AGENCY, et al.,
Defendants.

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CIVIL ACTION NO. 18-CV-494

ORDER
AND NOW, this 1st day of May, 2018, upon consideration of Plaintiff Bobbie Jean
Battles’ Amended Complaint (ECF No. 6), it is ORDERED that:
1.

The Clerk of Court is DIRECTED to reopen this case.

2.

The Court’s April 9, 2018 Order (ECF No. 5), which dismissed this case for

failure to prosecute, is VACATED.
3.

The Amended Complaint is DISMISSED without prejudice for failure to state a

claim, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), in accordance with the Court’s Memorandum.
To the extent that Battles seeks to challenge the state court’s determination regarding her
capacity, such claims are DISMISSED for lack of jurisdiction pursuant to the Rooker-Feldman
doctrine.
4.

Battles is given leave to file a second amended complaint within thirty (30) days

of the date of this Order in the event that she can state a plausible claim that lies within this
Court’s jurisdiction. Any second amended complaint shall be a complete document that
identifies all of the defendants in the caption in addition to the body, and shall describe in detail
the basis for Battles’ claims against each defendant. Any second amended complaint may not
refer back to the Complaint and Amended Complaint and any documents attached thereto. Upon

the filing of a second amended complaint, the Clerk of Court shall not make service until so
ORDERED by the Court.
5.

The Clerk of Court is DIRECTED to furnish Battles with a blank copy of this

Court’s current standard form to be used by a pro se litigant filing a civil action bearing the
above-captioned civil action number.
6.

If Battles fails to file a second amended complaint, her case may be dismissed for

failure to prosecute without further notice.
BY THE COURT:
/s/ Gerald J. Pappert
GERALD J. PAPPERT, J.

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