CASH v. U.S. DEPARTMENT OF HOMELAND SECURITY et al
| OMAR SHARIFF CASH |
| U.S. DEPARTMENT OF HOMELAND SECURITY, JOHN KELLY, KRISTJEN NIELSEN, BENSALEM TOWNSHIP POLICE DEPARTMENT, DAVID NIEVES, JR., FABIAN LIMA and GLORIA MICHELLE HILL |
| 2:2018cv02114 |
| May 18, 2018 |
| US District Court for the Eastern District of Pennsylvania |
| Philadelphia Office |
| Bucks |
| JOSEPH F. LEESON |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
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MEMORANDUM. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 5/30/18. 5/31/18 ENTERED AND COPIES MAILED TO PRO SE AND UNREPS.(mas, )
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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, )
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