United States District Court, E.D. Pennsylvania
G. SMITH, J.
pro se prisoner plaintiff has applied to proceed
in forma pauperis in this purported action against
the Commonwealth of Pennsylvania. Although the court will
grant the plaintiff leave to proceed in forma
pauperis, the court must dismiss the complaint because
(1) it consists of vague and disjointed allegations and, as
such, does not comply with Rule 8 of the Federal Rules of
Civil Procedure, (2) the Commonwealth of Pennsylvania is
entitled to Eleventh Amendment immunity, (3) Heck v.
Humphrey, 512 U.S. 477, 486-87 (1994) bars the
plaintiff's claims to the extent that he is seeking to
invalidate any underlying conviction or sentence, and (4) it
appears that the two-year statute of limitations applicable
to actions under 42 U.S.C. § 1983 bars his claims. While
it is possible that allowing the plaintiff to file an amended
complaint could fix some of the aforementioned deficiencies,
he cannot avoid the Commonwealth of Pennsylvania's
Eleventh Amendment immunity through amendment. Accordingly,
the court will dismiss the complaint, but will not provide
the plaintiff with leave to file an amended complaint because
doing so would be futile.
ALLEGATIONS AND PROCEDURAL HISTORY
pro se plaintiff, Donta Covert
(“Covert”), filed an application to proceed
in forma pauperis (the “IFP
Application”), a prison account statement, and a
proposed complaint under 42 U.S.C. § 1983 on February
17, 2018 (Doc. Nos. 1, 2). Covert failed to file a certified copy
of his prisoner account statement for the entire six-month
period prior to the filing of this civil action on February
17, 2018, as required by 28 U.S.C. § 1915(a); as such,
the court entered an order on February 28, 2018, which (1)
denied the IFP Application without prejudice, and (2)
directed Covert, within 30 days of the date of this order, to
either (a) file a certified copy of his prisoner account
statement showing a balance and all activity for the
six-month period from August 5, 2017, through February 8,
2018, or (b) remitting the $350.00 filing fee and $50.00
administrative fee to the clerk of court. See
Order at 1-2, Doc. No. 3. The clerk of court docketed a
prisoner account statement from Covert, which substantially
complied with the court's order. Doc. No. 4.
complaint, Covert alleges the following facts: “Notice
incomplete disposition on secure 9-1-94 court summary date
9-1-94.” See Compl. at 3. His purported
injuries are: “Powerful impact to court
transcripts.” Id. For his requested relief,
Investigate claim negociate [sic] settlement request 20, 000
monetary. Post For exhibit other claims ultimely [sic] reason
expsonge [sic], consent move gudge [sic] favor Maid Name.
I notice exercise material could result inaccurate. Fraud
beneficiary act in behalf unaware of. Enable discharge claim.
Consider exhibit secure docket court summary examine by gudge
Id. at 5-6.
The IFP Application
applications to proceed in forma pauperis,
any court of the United States may authorize the
commencement, prosecution or defense of any suit, action or
proceeding, civil or criminal, or appeal therein, without
prepayment of fees or security therefor, by a person who
submits an affidavit that includes a statement of all assets
such prisoner ...