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25-5940 - ALLEN v. NELSON

Category
Judicial Publications
Collection
United States Courts Opinions
SuDoc Class Number
JU 4.15
Court Type
District
Court Name
United States District Court Eastern District of Pennsylvania
Circuit
3rd
Office Location
Philadelphia
Case Type
civil
Nature of Suit
Other Civil Rights
Cause
42:1983 Civil Rights Act
Party Names
BERNICE NELSON, Defendant
MIYOSHI ALLEN, Plaintiff
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January 5, 2026

ORDER HAT THE LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED PURSUANT TO 28 U.S.C. § 1915. THE COMPLAINT IS DEEMED FILED. THE COMPLAINT IS DISMISSED IN PART WITH PREJUDICE AND IN PART WITHOUT PREJUDICE AS FOLLOWS: ALLENS CONSTITUTIONAL CLAIM IS DISMISSED WITH PREJUDICE FOR FAILURE TO STATE A CLAIM PURSUANT TO 28 U.S.C. 1915(E)(2)(B)(II); ALLENS STATE LAW CLAIM IS DISMISSED WITHOUT PREJUDICE FOR LACK OF SUBJECT MATTER JURISDICTION FOR THE REASONS IN THE COURTS MEMORANDUM. ALLEN MAY FILE AN AMENDED COMPLAINT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER. ALLEN SHOULD NOT INCLUDE IN THE AMENDED COMPLAINT ANY CLAIM THAT HAS ALREADY BEEN DISMISSED WITH PREJUDICE. UPON THE FILING OF AN AMENDED COMPLAINT, THE CLERK SHALL NOT MAKE SERVICE UNTIL SO ORDERED BY THE COURT. 5. THE CLERK OF COURT IS DIRECTED TO SEND ALLEN A BLANK COPY OF THIS COURTS CURRENT STANDARD FORM TO BE USED BY A SELF-REPRESENTED LITIGANT FILING A CIVIL ACTION BEARING THE ABOVE-CAPTIONED CIVIL ACTION NUMBER. ALLEN MAY USE THIS FORM TO FILE HER AMENDED COMPLAINT IF SHE CHOOSES TO DO SO. ALLENS MOTION FOR DEFAULT JUDGMENT IS DENIED. SIGNED BY DISTRICT JUDGE JUAN R. SANCHEZ ON 1/5/26. 1/5/26 ENTERED AND COPIES NOT MAILED TO PRO SE.(bw)