Twenty-Eight Thousand Four Dollars v. Pennsylvania
Twenty-Eight Thousand Four Dollars v. Pennsylvania
Opinion of the Court
OPINION
Jamie Brown, proceeding pro se, filed this action in the United States District Court for the Western District of Pennsylvania against the Commonwealth of Pennsylvania and the Office of the Pennsylvania
The District Court dismissed his complaint pursuant to 28 U.S.C. § 1915(e)(2)(B),
We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291. Because Appellant has been granted informa pau-peris status pursuant to 28 U.S.C. § 1915, we review this appeal for possible dismissal pursuant to 28 U.S.C. § 1915(e)(2)(B). An appeal must be dismissed under § 1915(e)(2)(B) if it has no arguable basis in law or fact. See Neitzke v. Williams, 490 U.S. 319, 325, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989).
The District Court properly determined that it was without subject matter jurisdiction over Brown’s allegations regarding the forfeiture of his property, as any grant of relief would “render [the state court] judgment ineffectual.” FOCUS v. Allegheny County Court of Common Pleas, 75 F.3d 834, 840 (3d Cir. 1996). In fact, this is specifically the relief Brown requests in his complaint: “an order dismissing the lower court’s forfeiture order and/or the lower court’s order dismissing appeal.”
For the foregoing reasons, Brown’s appeal is without legal merit and will be dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B). Brown’s motion for the appointment of counsel is denied.
. The District Court actually dismissed his complaint pursuant to 28 U.S.C. § 1915(d), which was the precursor to § 1915(e)(2)(B).
Reference
- Full Case Name
- TWENTY-EIGHT THOUSAND FOUR DOLLARS ($28,004.00), c/o Jamie Brown v. Commonwealth of PENNSYLVANIA Office of the Pennsylvania Attorney General Jamie Brown
- Cited By
- 1 case
- Status
- Published