IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
November 1, 2010
TSHEPO MAPHORISA, PLAINTIFF,
JOHN P. DELANEY, WARDEN, CURRAN-FROMHOLD CORRECTIONAL FACILITY, PHILADELPHIA, PENNSYLVANIA, DEFENDANT.
The opinion of the court was delivered by: Jan E. Dubois, J.
AND NOW, this 1st day of November, 2010, upon consideration of the Complaint (Document No. 3, filed June 23, 2009), Answer With Affirmative Defenses of Defendant, the Warden -- CFCF Philadelphia Prison System (Document No. 11, filed April 23, 2010), Plaintiff's Traverse Motion to the Defendant's Response (Document No. 13, filed May 17, 2010), Report Issued by Defense Counsel as Ordered by the Court Covering the Issues Raised by Pro Se Plaintiff With Respect to His Detention Beyond His Release Date and Defendant's Response to Plaintiff's Traverse Motion (Document No. 20, filed June 25, 2010), and Plaintiff's Summary Response to Defendant's Findings (Document No. 30, filed October 8, 2010), for the reasons set forth in the Memorandum dated November 1, 2010, it is ORDERED that the Complaint is DISMISSED as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i).
IT IS FURTHER ORDERED that the Court's Order of May 26, 2010 (Document No. 15) granting plaintiff Tshepo Maphorisa's oral Motion for Appointment of Counsel is VACATED.
IT IS FURTHER ORDERED that the Deputy Clerk shall SERVE copies of this Order on defense counsel; plaintiff Tshepo Maphorisa;*fn1 and Daniel McCormack, Pro Se Writ Clerk.
IT IS FURTHER ORDERED that the Clerk shall MARK the case CLOSED.