Jameice Nash v. James Kenney


DLD-220 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 19-1256 ___________ JAMEICE NASH, Appellant v. JAMES KENNEY, Mayor City of Philadelphia; SETH WILLIAMS, ADA Philadelphia District Attorney’s Office; RICHARD ROSS, Police Chief Philadelphia Police Department and Commissioner of Philadelphia Police Department, in their individual and official capacities; DHS DIRECTOR, Department of Human Services State of Pennsylvania; UNITED STATES OF AMERICA; GOVERNOR TOM WOLF, PA Governor; JOSHUA D. SHAPIRO, PA State Attorney General; JOHN A. WETZEL, SEC. of PA DOC; ILEANA JUSINO, SCI-Houtz, RCDS. OFF. Employee; TARA ANN MUCHMORE, SCI-Houtz. RCDS OFF. Employee; COUNTY OF PHILADELPHIA, PA; CITY OF PHILADELPHIA ____________________________________ On Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. Civil No. 2-17-cv-02111) District Judge: Honorable Paul S. Diamond ____________________________________ Submitted for Possible Dismissal Pursuant to 28 U.S.C. § 1915(e)(2)(B) or Summary Action Pursuant to Third Circuit L.A.R. 27.4 and I.O.P. 10.6 June 27, 2019 Before: JORDAN, GREENAWAY, JR. and NYGAARD, Circuit Judges (Opinion filed: August 29, 2019) _________ OPINION * * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not _________ PER CURIAM Pro se appellant Jameice Nash appeals the District Court’s order dismissing his complaint. For the reasons that follow, we will summarily affirm the District Court’s judgment. See 3d Cir. L.A.R. 27.4(a). In his operative amended complaint, 1 Nash alleged that he is a legal permanent resident of the United States who was arrested in June 2013 “for an alleged noncapital crime of domestic violence.” ECF No. 19 at 8. He claimed that he was then detained, without bail, until he was ultimately convicted in July 2017. 2 He named numerous defendants, including, among others, the United States, Governor Tom Wolf, Attorney General Josh Shapiro, the City of Philadelphia, Mayor Jim Kenney, and Philadelphia Police Commissioner Richard Ross. He raised claims under 42 U.S.C. § 1983 alleging that the defendants falsely arrested and imprisoned him, improperly denied him bail, and deprived him of his right to a speedy trial. He sought damages of $200 million against each defendant. The defendants filed a motion to dismiss under Fed. R. Civ. P. 12(b)(6), constitute binding precedent. 1 The District Court dismissed Nash’s first complaint without prejudice to the filing of an amended complaint. 2 According to the Court of Common Pleas docket sheet, he was convicted of attempted murder, aggravated assault, and other charges, and sentenced to 10-to-20 years’ imprisonment. See Phila. Cty. Ct. of C.P. No. CP-51-CR-0011415-2013; see generally Orabi v. Att’y Gen., 738 F.3d 535, 537 (3d Cir. 2014) (“We may take judicial notice of the contents of another Court’s docket.”). 2 and the District Court granted the motion and dismissed the amended complaint without prejudice. Nash opted to stand on his amended complaint and filed a timely notice of appeal. 3 We have jurisdiction under 28 U.S.C. § 1291. See Borelli v. City of Reading, 532 F.2d 950, 951–52 (3d Cir. 1976) (per curiam). We exercise a plenary ...

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