2:25-cv-01878
E.D. Pa.
May 19, 2025

HAMLET GARCIA II, Plaintiff, v. DANIEL MCCORMICK, et al., Defendants.

Case No. 2:25-cv-01878-JDW

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

May 19, 2025

Case 2:25-cv-01878-JDW Document 7 Filed 05/19/25

ORDER

AND NOW, this 19th day of May, 2025, upon consideration of Plaintiff Hamlet Garcia II‘s Motion to Proceed In Forma Pauperis (ECF No. 5), it is ORDERED that the Motion is GRANTED pursuant to 28 U.S.C. § 1915.

It is FURTHER ORDERED that the Complaint is DEEMED filed.

It is FURTHER ORDERED that for the reasons stated in the accompanying Memorandum, the Complaint is DISMISSED IN PART WITH PREJUDICE AND IN PART WITHOUT PREJUDICE, as follows:

  1. Mr. Garcia‘s claim for mandamus relief pursuant to 28 U.S.C. § 1361 is DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction; and
  2. The balance of the Complaint is DISMISSED WITH PREJUDICE.

The Clerk of Court shall mark this case closed.

BY THE COURT:

/s/ Joshua D. Wolson

JOSHUA D. WOLSON, J.