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Johnson v. Pierantoni

United States District Court, M.D. Pennsylvania

July 17, 2015

ARMONI MASUD JOHNSON, Plaintiff,
v.
JUDGE FRED PIERANTONI, ET AL., Defendants.

ORDER

WILLIAM J. NEALON, District Judge.

AND NOW, THIS 16th DAY OF JULY, 2015, for the reasons set forth in the Memorandum of this date, IT IS HEREBY ORDERED THAT:

1. Plaintiff's motion for leave to proceed in forma pauperis, (Doc. 2), is GRANTED for the sole purpose of filing the complaint in the above-captioned action;
2. Plaintiff's complaint, (Doc. 1), is DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) as being barred by the doctrine of res judicata;
3. Any claims not barred by res judicata are DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B)(iii);
4. Plaintiff's claims sounding in habeas corpus are DISMISSED WITHOUT PREJUDICE;
5. To the extent that Plaintiff is seeking to remove Commonwealth v. Johnson, CP-40-CR-002713-2011 (Luzerne Cnty. C.P. filed Nov. 15, 2011); Commonwealth v. Johnson, CP-40-CR-00117-2012 (Luzerne Cnty. C.P. filed Sept. 22, 2010); and Commonwealth v. Johnson, CP-40-CR-002553-2012 (Luzerne Cnty. C.P. filed Sept. 18, 2012), pursuant to 28 U.S.C. § 1443, Plaintiff's request is DENIED;
6. Any appeal from this Order will be deemed frivolous, without probable cause and not taken in good faith; and
7. The Clerk of Court is directed to CLOSE this case.

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