JOHNSON v. TUCKER et al, No. 2:2012cv04980 - Document 6 (E.D. Pa. 2013)

Court Description: MEMORANDUM AND OPINION. SIGNED BY HONORABLE L. FELIPE RESTREPO ON 11/20/13. 11/21/13 ENTERED AND COPY MAILED TO A. JOHNSON. (fdc) Modified on 11/21/2013 (afm, ).

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ANTHONY JOHNSON (AND AFRICAN AMERICANS SIMILARLY SITUATED, CLASS ACTION) ET AL v. CIVIL ACTION FILED NOV 2 0 2013 U.S. DISTRICT JUDGE PETRESE B. TUCKER, et al. NO. 12-4980 f~CHAEL E. KUNZ, Cferk "f1· Dep. crerk MEMORANDUM RESTREPO, J. NOVEMBER 2013 By Order of this Court dated September 10, 2013, plaintiff was given leave to file an amended complaint to provide the Court with more information about his claims against the City of Philadelphia. 1 For the following reasons, the Court will dismiss the amended complaint for failure to state a claim on which re 1 i e f may be granted . See 2 8 U . S . C . § 1915 ( e ) ( 2 ) ( B ) ( ii ) . In order to state a claim upon which relief may be granted a complaint must contain "sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face." Ashcroft v. Igbal, 556 U.S. 662, 678 (2009) (quotation$ omitted). Plaintiff was given an opportunity to amend his complaint and clarify his claims against the City of Philadelphia. 1 However, he Plaintiff's claims against the other defendants were dismissed pursuant to 28 U.S.C. § 1915(e). It is not clear whether plaintiff also intended to sue the United Stat~s District Court for the Eastern District of Pennsylvania and the iunited States Court of Appeals for the Third Circuit as separ~te entities. However, sovereign immunity bars lawsuits against the United States unless Congress has specifically waived tjhat immunity. United States v. Mitchell, 445 U.S. 535 (19~0); United v. Testan, 424 U.S. 392 (1976). Neither the Constitut~on nor 28 U.S.C. § 1331 acts as such a waiver. Jaffee v. United States, 592 F.2d 712 (3d Cir.), cert. denied, 441 U.S. 961 (1979). has submitted an amended complaint that does nothing td cure the deficiencies in his initial pleading. Instead, the complaint is merely a recitation of plaintiff's am~nded dissat~sfaction with different judge's rulings in numerous cases that he has filed during the past twenty-five (25) years in State and Federal Court. Furthermore, there are no allegations in plaintiff's complaint that would this Court to find that unlawful actions were taken against the plaintiff pursuant to a municipality's policies, practices, customs, regulations or enactments. v. Department of Social Services, 436 U.S. 658 Monell (1978). ENTERED NOV 21 2013 CLERK OF COURT

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