Smith v. Bruns et al

Filing 21

ORDER (memorandum filed previously as separate docket entry). 1. Mr. Smiths action is DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim for which relief can be granted. 2. Mr. Smiths claims agains t the Defendants are DISMISSED WITHOUT PREJUDICE to Mr. Smith filing his claims in a new civil action in the event his convictions are ever vacated or invalidated. 3. Mr. Smiths motion for injunctive relief 16 , and motion to transfer 18 are DENIED. 4. The Clerk of Court shall CLOSE this case.Signed by Honorable A. Richard Caputo on 1/22/19. (dw)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JOSEPH THOMAS SMITH,
Plaintiff
v.
THOMAS D. BRUNS, et al.,
Defendants

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CIVIL ACTION NO. 3:18-CV-1060
(Judge Caputo)

ORDER
AND NOW, this 22nd day of JANUARY 2019, in accordance with the
accompanying Memorandum issued this date, it is ORDERED that:
1.

Mr. Smith’s action is DISMISSED WITHOUT PREJUDICE
pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a
claim for which relief can be granted.

2.

Mr. Smith’s claims against the Defendants are DISMISSED
WITHOUT PREJUDICE to Mr. Smith filing his claims in a
new civil action in the event his convictions are ever vacated
or invalidated.

3.

Mr. Smith’s motion for injunctive relief (ECF No. 16), and
motion to transfer (ECF No. 18) are DENIED.

4.

The Clerk of Court shall CLOSE this case.

/s/ A. Richard Caputo
A. RICHARD CAPUTO
United States District Judge

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