SMITH v. THOMAS-STREET et al

Filing 8

MEMORANDUM AND ORDER THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED PURSUANT TO 28 USC SEC. 1915. THE COMPLAINT IS DEEMED FILED. THE COMPLAINT IS DISMISSED IN ITS ENTIRETY FOR THE REASONS IN THE COURT'S MEMORANDUM AS FOLLOWS: a. Claims for w hich the Ase Family Trust is the true party in interest, including all claims for prospective injunctive relief, are DISMISSED WITHOUT PREJUDICE because Smith may not pursue those claims.b. Smiths claims are DISMISSED WITH PREJUDICE.4. The Court cert ifies that any appeal from this Order is not taken in good faith. See 28 U.S.C. § 1915(a)(3); Fed. R. App. P. 24(a)(3)(A).5. The Clerk of Court is DIRECTED to CLOSE this case. SIGNED BY DISTRICT JUDGE HARVEY BARTLE, III ON 8/29/24. 8/29/24 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DENIYA NAKEIDRA SMITH,
Plaintiff,
v.
SIERRA THOMAS-STREET, et al.,
Defendants.

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CIVIL ACTION NO. 24-CV-4215

ORDER
AND NOW, this 29th day of August, 2024, upon consideration of Plaintiff Deniya
Nakeidra Smith’s Motion to Proceed In Forma Pauperis (ECF No. 1), 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 in its entirety for the reasons in the Court’s

Memorandum as follows:
a. Claims for which the Ase Family Trust is the true party in interest, including
all claims for prospective injunctive relief, are DISMISSED WITHOUT
PREJUDICE because Smith may not pursue those claims.
b. Smith’s claims are DISMISSED WITH PREJUDICE.
4.

The Court certifies that any appeal from this Order is not taken in good faith. See

28 U.S.C. § 1915(a)(3); Fed. R. App. P. 24(a)(3)(A).
5.

The Clerk of Court is DIRECTED to CLOSE this case.
BY THE COURT:
/s/ Harvey Bartle III
HARVEY BARTLE III, J.