GARVIN v. CITY OF PHILADELPHIA

Filing 5

ORDERED THAT GARVINS COMPLAINT IS DISMISSED WITHOUT PREJUDICE, PURSUANT TO 28 U.S.C. § 1915A(B)(1), AS BARRED BY HECK V. HUMPHREY, 512 U.S. 477 (1994). THE DISMISSAL IS WITHOUT PREJUDICE TO GARVIN FILING A NEW CASE ONLY IN THE EVENT THE DECISION TO REVOKE HIS PROBATION OR PAROLE AND HIS RELATED SENTENCE ARE REVERSED, VACATED, OR OTHERWISE INVALIDATED. THE CLERK OF COURT SHALL FURNISH GARVIN WITH A BLANK COPY OF THIS COURTS CURRENT STANDARD FORM FOR FILING A PETITION PURSUANT TO 28 U.S.C. &# 167; 2254. GARVIN MAY USE THIS FORM TO FILE A HABEAS ACTION AFTER EXHAUSTING STATE REMEDIES IF HE CHOOSES TO DO SO. THE CLERK OF COURT SHALL CLOSE THIS CASE.. SIGNED BY HONORABLE GERALD A. MCHUGH ON 7/31/20. 7/31/20 ENTERED AND COPIES OF ORDER AND FORMS MAILED.(jpd, )

Case 2:20-cv-02988-GAM Document 5 Filed 07/30/20 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
UMAR GARVIN,
Plaintiff,
v.
CITY OF PHILADELPHIA,
Defendant.

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CIVIL ACTION NO. 20-CV-2988

ORDER
AND NOW, this 30th day of July, 2020, upon consideration of Umar Garvin’s pro se
Complaint (ECF No. 1) and Letter (ECF No. 3), it is ORDERED that:
1.

Garvin’s Complaint is DISMISSED WITHOUT PREJUDICE, pursuant to 28

U.S.C. § 1915A(b)(1), as barred by Heck v. Humphrey, 512 U.S. 477 (1994). The dismissal is
without prejudice to Garvin filing a new case only in the event the decision to revoke his
probation or parole and his related sentence are reversed, vacated, or otherwise invalidated.
2.

The Clerk of Court shall furnish Garvin with a blank copy of this Court’s current

standard form for filing a petition pursuant to 28 U.S.C. § 2254. Garvin may use this form to
file a habeas action after exhausting state remedies if he chooses to do so.
3.

The Clerk of Court shall CLOSE this case.
BY THE COURT:
/s/ Gerald Austin McHugh
GERALD A. McHUGH, J.