Sowell v. Paulhamus et al
| Markale Al-samod Sowell |
| Lycoming County Prison, et al, Pennsylvania Department of Corrections, et al, Jeff Paulhamus, Roy Snyder, Tim Miller, Melissa Kalaus, Marc F Lovecchio, James Carne, Aaron Biichle, Williamsport Police Department, et al, Lycoming County District Attorney Office, Commonwealth State of Pennsylvania, et al and Lycoming County Prison Warden |
| 3:2012cv01971 |
| October 2, 2012 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Indiana |
| SF |
| Robert D. Mariani |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Filing
13
MEMORANDUM Based on the foregoing, we must dismiss Sowell's Complaint for failure to state a claim upon which relief may be granted under the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii). With respectto his claims challenging aspects of his conviction and resulting sentence, we shall dismiss these claims without prejudice to Sowell's right to file afederal habeas corpus petition under the provisions of 28 U.S.C. §2254 following the exhaustion of his state court remedies. With respect to his claims for monetary damages, because these claims are barred by Heck, no amendment to the Complaint would allow him to state aclaim upon which relief may be granted, and any attempt to amend would therefore be futile; thus, we shall di smiss these claims with prejudice. See Alston, 363 F.3d at 235; Grayson, 293 F.3d at 108. As to Sowell's pending Motions, his Motion for leave to proceed in forma pauperis (Doc. 2) will be granted for the sole purpose of filing the Complaint, and his remaining Motions (Docs. 4, 7, 9, 11) will be denied as moot.An appropriate Order will issue on today's date.Signed by Honorable Robert D. Mariani on 11/7/12. (jfg)
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