District Court

MEMORANDA AND ORDERS

OCTOBER 21, 2024

BY DIAMOND, J.

USA v. Jabbateh; 16-088; Using a plain error standard of review, the Third Circuit rejected Jabateh�s direct appeal, where he raised the same � 1546(a) argument he does here. With that rejection, the Third Circuit foreclosed the granting of relief on collateral review, which in any event, poses an even greater burden on Jabateh to obtain relief.

BY GOLDBERG, J.

Johnson v. City of Philadelphia et al; 24-036; Given the factual similarities between the two cases, I am persuaded they are related under Local Civil Rule 40.1. Accordingly, I find Plaintiff�s habeas proceedings and the � 1983 suit were properly designated as related under Local Civil Rule 40.1.

BY KEARNEY, J.

Brookins v. The City of Philadelphia et al; 24-470; We grant her leave to amend her Complaint only to assert pre-fall factual allegations, the pre-fall substantive due process claim, and the related wrongful death action. We will decide at summary judgment or trial whether the officers fraudulently concealed information preventing her from timely asserting these claims and whether she can otherwise state a claim.

BY GALLAGHER, J.

Baker v. Joshua Burkitt; 24-2168; For the foregoing reasons, the Court will dismiss Baker�s Amended Complaint pursuant to 28 U.S.C. � 1915(e)(2)(B)(ii) for failure to state a claim. As Baker has already been given an opportunity to cure the defects in his claims and has been unable to do so, the Court concludes that further amendment would be futile.