CASH v. U.S. DEPARTMENT OF HOMELAND SECURITY et al

Filing 6

ORDER THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED PURSUANT TO 28 U.S.C. § 1915(B). CASH, #JN-9025, SHALL PAY THE FULL FILING FEE OF $350.00 IN INSTALLMENTS, PURSUANT TO 28 U.S.C. § 1915(B). BASED ON THE FINANCIAL INFORMATION PRO VIDED BY CASH, AN INITIAL PARTIAL FILING FEE OF $56.79 IS ASSESSED. THE SUPERINTENDENT OR OTHER APPROPRIATE OFFICIAL AT SCI GREENE OR AT ANY OTHER PRISON AT WHICH CASH MAY BE INCARCERATED IS DIRECTED TO DEDUCT $56.79 FROM CASHS INMATE TRUST FUND ACCOUNT, WHEN SUCH FUNDS BECOME AVAILABLE, AND FORWARD THAT AMOUNT TO THE CLERK OF THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA, 601 MARKET STREET, ROOM 2609, PHILADELPHIA, PA 19106, TO BE CREDITED TO CIVIL ACTION N O. 18-2114. THE COMPLAINT IS DEEMED FILED. THE COMPLAINT IS DISMISSED PURSUANT TO 28 U.S.C. § 1915(E)(2)(B)(II) FOR FAILURE TO STATE A CLAIM FOR THE REASONS SET FORTH IN THE COURTS MEMORANDUM. CASHS CLAIMS CHALLENGING HIS CONVICTIONS AND SENTENC ES, WHICH ARE BARRED BY HECK V. HUMPHREY, 512 U.S. 477 (1994) ARE DISMISSED WITHOUT PREJUDICE TO HIS RIGHT TO PURSUE THEM IN A NEW LAWSUIT IF AND WHEN HIS CONVICTIONS ARE INVALIDATED. CASHS STATE LAW CLAIMS ARE DISMISSED WITHOUT PREJUDICE TO HIS RIGH T TO RAISE THEM IN STATE COURT. CASHS REMAINING CLAIMS ARE DISMISSED WITH PREJUDICE. CASH MAY NOT FILE AN AMENDED COMPLAINT IN THIS MATTER. THE CLERK OF COURT IS DIRECTED TO SEND A COPY OF THIS ORDER TO THE SUPERINTENDENT OF SCI GREENE. THE CLERK OF COURT SHALL CLOSE THIS CASE. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 5/30/18. 5/31/18 ENTERED AND COPIES MAILED TO PRO SE AND UNREPS.(mas, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
OMAR SHARIFF CASH,
Plaintiff,

:
:
:
v.
:
:
U.S. DEPARTMENT OF HOMELAND :
SECURITY, et al.,
:
Defendants.
:

NO. 18-cv-2114

ORDER
AND NOW, this 30th day of May, 2018, upon consideration of Plaintiff Omar Shariff
Cash’s Motion for Leave to Proceed In Forma Pauperis (ECF No. 1), his Prisoner Trust Fund
Account Statement (ECF No. 3), and his pro se Complaint (ECF No. 2), it is ORDERED that:
1.

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

§ 1915(b).
2.

Cash, #JN-9025, shall pay the full filing fee of $350.00 in installments, pursuant

to 28 U.S.C. § 1915(b). Based on the financial information provided by Cash, an initial partial
filing fee of $56.79 is assessed. The Superintendent or other appropriate official at SCI Greene
or at any other prison at which Cash may be incarcerated is directed to deduct $56.79 from
Cash’s inmate trust fund account, when such funds become available, and forward that amount to
the Clerk of the United States District Court for the Eastern District of Pennsylvania, 601 Market
Street, Room 2609, Philadelphia, PA 19106, to be credited to Civil Action No. 18-2114. After
the initial partial filing fee is collected and until the full filing fee is paid, the Superintendent or
other appropriate official at SCI Greene or at any other prison at which Cash may be
incarcerated, shall deduct from Cash’s account, each time that Cash’s inmate trust fund account
exceeds $10.00, an amount no greater than 20 percent of the money credited to his account
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during the preceding month and forward that amount to the Clerk of Court at the address
provided above to be credited to Civil Action No. 18-2114.
3.

The Complaint is DEEMED filed.

4.

The Complaint is DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for

failure to state a claim for the reasons set forth in the Court’s Memorandum. Cash’s claims
challenging his convictions and sentences, which are barred by Heck v. Humphrey, 512 U.S. 477
(1994) are DISMISSED without prejudice to his right to pursue them in a new lawsuit if and
when his convictions are invalidated. Cash’s state law claims are DISMISSED without
prejudice to his right to raise them in state court. Cash’s remaining claims are DISMISSED
with prejudice. Cash may not file an amended complaint in this matter.
5.

The Clerk of Court is DIRECTED to send a copy of this Order to the

Superintendent of SCI Greene.
6.

The Clerk of Court shall CLOSE this case.

BY THE COURT:

/s/ Joseph F. Leeson, Jr.________________
JOSEPH F. LEESON, JR.
United States District Judge

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