MCCRACKEN v. BLEI ( 2022 )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA TED A. MCCRACKEN, : Plaintiff, : : v. : CIVIL ACTION NO. 21-CV-2187 : JACQUELINE MCCRACKEN BLEI, : et al., : Defendants. : ORDER AND NOW, this 26th day of January, 2022, upon consideration of Plaintiff Ted A. McCracken’s pro se Complaint (ECF No. 2), it is ORDERED that: 1. For the reasons stated in the Court’s Memorandum, the Complaint is DISMISSED as follows: a. McCracken’s § 1983 claims challenging his arrest, imprisonment and prosecution are DISMISSED WITHOUT PREJUDICE as barred by Heck v. Humphrey, 512 U.S. 477, (1994) and McCracken may reassert these claims in a new civil action if the bar is ever removed; b. McCracken’s remaining federal claims are DISMISSED WITH PREJUDICE as frivolous and for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) and (ii); and c. McCracken’s state law claims are DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction, and he may pursue those claims in the appropriate state court. 2. The Clerk of Court is DIRECTED to close this case. BY THE COURT: /s/ Eduardo C. Robreno EDUARDO C. ROBRENO, J.