DAVIS v. CITY OF PHILADELPHIA et al

Filing 15

MEMORANDUM AND ORDER THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED. COMPLAINT IS DEEMED FILED AND DISMISSED AS OUTLINED HEREIN. CLERK OF COURT SHALL CLOSE CASE. SIGNED BY CHIEF JUDGE MITCHELL S. GOLDBERG ON 6/3/24. 6/3/24 ENTERED AND COPIES EMAILED.(rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
RAFIYQ DAVIS,
Plaintiff,
v.
CITY OF PHILADELPHIA, et al.
Defendants.

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CIVIL ACTION NO. 23-CV-4841

ORDER
AND NOW, this 3rd day of June, 2024, upon consideration of Plaintiff Rafiyq Davis’s
Motions to Proceed In Forma Pauperis (ECF Nos. 10, 13), and 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.

2.

The Complaint is DEEMED filed.

3.

The Complaint is DISMISSED for the reasons in the Court’s Memorandum as

follows:
a. Davis’s claims challenging the constitutionality of his conviction,
imprisonment, or revocation of probation are DISMISSED WITHOUT
PREJUDICE to Davis raising those claims in a newly filed civil action only in
the event the conviction or sentences are first reversed, vacated, or otherwise
invalidated; and
b. Davis’s claims based on the taxation of marijuana will be DISMISSED
WITHOUT PREJUDICE for lack of subject matter jurisdiction.
c. The balance of Davis’s Complaint is DISMISSED WITH PREJUDICE as
time barred.

4.

The Clerk of Court shall CLOSE this case.
BY THE COURT:
/s/ Mitchell S. Goldberg
MITCHELL S. GOLDBERG, J.

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