Stone v. City of Philadelphia et al

Filing 14

ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION TO DISMISS THE COMPLAINT AND DENY THE APPLICATION TO PROCEED IN FORMA PAUPERIS AS MODIFIED ( ECF NO. 8 ) - Signed by JUDGE HELEN GILLMOR on 4/13/2018. "Th e Court specifies that the Plaintiff has leave to file her amended complaint by no later than Wednesday, May 16, 2018, to address the deficiencies outlined in the Findings and Recommendation (ECF No. 8). Further, if Plaintiff fi les an Amended Complaint, Plaintiff must also pay the filing fee or file an In Forma Pauperis application no later than Wednesday, May 16, 2018." (emt, )COURT'S CERTIFICATE of Service Nanette Stone shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on April 13, 2018. A copy of the Court's Application to Proceed in District Court Without Prepaying Fees or Costs shall be included in the mailing to Ms. Stone.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
NANETTE STONE,
Plaintiff,
v.
CITY OF PHILADELPHIA, Judge
Nina Wright Padilla, Judge
Margaret Murphy; CITY OF
PHILADELPHIA PROBATE COURT,
Ronald Donatucci, Register of
Wills, Staff and Associates;
CITY OF PHILADELPHIA CITY
COUNCIL, City Council
President, Darryl Clark and
Council Members; CITY OF
PHILADELPHIA DEPARTMENT OF
HUMAN SERVICES, Commissioner
of DHS; CITY OF PHILADELPHIA
MAYOR’S OFFICE, Former Mayor
John F. Street; CITY OF
PHILADELPHIA OFFICE OF MENTAL
HEALTH & INTELLECTUAL
DEVELOPMENT DISABILITY
SERVICES, Leadership Board,
Staff and Associates; CITY OF
PHILADELPHIA POLICE
DEPARTMENT, Police
Commissioner Ross; CITY OF
PHILADELPHIA FIRE DEPARTMENT
AND EMS SERVICES, Fire
Departments and
Commissioners; CITY OF
PHILADELPHIA DISTRICT
ATTORNEY’S OFFICE, District
Attorneys and Former District
Attorney Seth Williams; CITY
OF PHILADELPHIA LAW
DEPARTMENT, Law Dept.
Leadership Vernette Dow; CITY
OF PHILADELPHIA CLERKS
OFFICE,
Defendants.

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CIVIL NO. 18-00089 HG-KSC

1

ORDER ADOPTING MAGISTRATE JUDGE’S
FINDINGS AND RECOMMENDATION TO DISMISS THE COMPLAINT AND DENY THE
APPLICATION TO PROCEED IN FORMA PAUPERIS AS MODIFIED (ECF No. 8)
Findings and Recommendation having been filed and served on
all parties on March 16, 2018, and no objections having been
filed by any party,
IT IS HEREBY ORDERED AND ADJUDGED that, pursuant to Title
28, United States Code, Section 636(b)(1)(C) and Local Rule 74.2,
the “Findings and Recommendation to Dismiss the Complaint and
Deny the Application to Proceed In Forma Pauperis” (ECF No. 8)
are adopted as the opinion and order of this Court with the
following modifications:
On Page 1, in the Caption, replace:
CITY OF PHILADELPHIA’S MAYOR’S OFFICE
with:
CITY OF PHILADELPHIA MAYOR’S OFFICE
On Page 3, Lines 12-17, replace:
Specifically, “pro se plaintiffs proceeding
in forma pauperis must also be given an
opportunity to amend their complaint unless
it is ‘absolutely clear that the deficiencies
of the complaint could not be cured by
amendment.’” Tripati, 821 F.2d 1370 (quoting
Franklin v. Murphy, 745 F.2d 1221, 1228 n.9
(9th Cir. 1984)).
with:
Pro se plaintiffs proceeding in forma
pauperis must be given an opportunity to
amend their complaint unless it is absolutely
clear that no amendment will cure the
complaint’s deficiencies. Tripati, 821 F.2d
1370 (quoting Franklin v. Murphy, 745 F.2d
1221, 1228 n.9 (9th Cir. 1984)).
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On Page 3, Line 18, remove “even”
On Page 5, Line 21, and Page 6, Lines 1-2, replace:
should do so within 30 days of the date the
district judge enters an order regarding this
Findings and Recommendation, unless otherwise
ordered
with:
must file it by Wednesday, May 16, 2018.
On Page 6, Lines 7-8, replace:
Loux v. Rhay, 375 F.2d 55, 57 (9th Cir. 1967)
with:
Ramirez v. County of San Bernardino, 806 F.3d
1002, 1008 (9th Cir. 2015)
On Page 6, Line 9, replace:
the Complaint
with:
the preceding Complaint
On Page 6, Line 17, replace:
Ala.
with:
Alaska
On Page 7, Line 2, replace:
821
with:
824
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On Page 7, Lines 13-14, replace:
30 days after the district judge takes action
on this Findings and Recommendation
with:
Wednesday, May 16, 2018
On Page 7, Lines 21-22, replace:
the date on which her amended pleading is due
with:
Wednesday, May 16, 2018
The Court specifies that the Plaintiff has leave to file her
amended complaint by no later than Wednesday, May 16, 2018, to
address the deficiencies outlined in the Findings and
Recommendation (ECF No. 8).
Further, if Plaintiff files an Amended Complaint, Plaintiff
must also pay the filing fee or file an In Forma Pauperis
application no later than Wednesday, May 16, 2018.
IT IS SO ORDERED.
DATED HONOLULU, HAWAII, April 13, 2018

STONE V. PHILADELPHIA, ET AL., CIVIL NO. 18-00 089 HG-KSC; ORDER
ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION TO
DISMISS THE COMPLAINT AND DENY THE APPLICATION TO PROCEED IN
FORMA PAUPERIS AS MODIFIED (ECF No. 8)
4