JONES v. HOBECK
JONES v. HOBECK
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
CHARLES DARNELL JONES, Plaintiff, Civil Action No. 2:24-cv-1402 Vv. Hon. William S. Stickman IV Hon. Maureen P. Kelly JERRY M. HOBECK, et al, Defendants.
ORDER OF COURT Plaintiff Charles Darnell Jones (“Jones”) filed this lawsuit complaining about his constitutional rights being violated during his arrest on June 11, 2022, which led to his conviction and sentence at CP-65-CR-3118-2022 in the Court of Common Pleas of Westmoreland County, Pennsylvania. (ECF No. 6). He was granted leave to proceed in forma pauperis. (ECF No. 5). Pursuant to
28 U.S.C. § 1915, Magistrate Judge Maureen P. Kelly issued a Report and Recommendation recommending the dismissal of all claims without prejudice should Jones ever obtain a favorable termination in his state criminal case. (ECF No. 8). Jones was given the opportunity to file objections. No objections having been filed, the Court hereby ADOPTS Magistrate Judge Kelly’s Report and Recommendation as its Opinion. It agrees with Magistrate Judge Kelly’s thorough analysis and legal conclusions. AND NOW, this _'2 day of May 2025, IT IS HEREBY ORDERED that Jones’s complaint is DISMISSED. This dismissal is without prejudice to refiling any claim that is not
barred by the statute of limitations, and the accrual of which is not delayed by Heck v. Humprey,
512 U.S. 477(1994), should Jones receive a favorable termination in his state criminal case. BY THE COURT:
WILLIAM S. STICKMAN IV UNITED STATES DISTRICT JUDGE
Reference
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