MCCOY v. MARTIN et al

Filing 5

MEMORANDUM AND ORDER THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED. THIS COMPLAINT IS DISMISSED WITH LEAVE TO AMEND WITHIN THIRTY DAYS OF THE DATE OF THIS ORDER. UPON THE FILING OF AN AMENDMENT THE CLERK SHALL NOT MAKE SERVICE UNTIL SO ORDERED BY THE COURT.. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 2/23/11. 2/24/11 ENTERED AND COPIES MAILED TO PRO SE.(lvj, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PHILLIP MCCOY CIVIL ACTION

v.
DET. FRANK A. MARTIN, et al. NO. 10-7334
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MEMORANDUM ROBRENO, J. FEBRUARY

2

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,

2011

Plaintiff, an inmate at SCI Pittsburgh, has filed a pro se 42 U.S.C.
§

1983 civil rights complaint, in which he is alleging In his prayer

that he is the victim of a malicious prosecution.

for relief, he is requesting money damages and to have his police record cleared. Federal Rule of Civil Procedure 8(a) (2) provides that a pleading setting forth a claim for relief shall contain "a short and plain statement of the claim showing that the pleader is entitled to relief." plaintiff's complaint is insufficient

because he fails to adequately describe his state criminal proceedings. Since plaintiff is pro se, he will be granted leave

to file an amended complaint to meet these pleading infirmities. If plaintiff intends to pursue this case, he must file an amended complaint in which he provides the following information: (1) the dates of his arraignment and preliminary hearing, (2) the

date of his criminal trial and the outcome of said trial, and (3) the status of any ongoing appellate procedures in State Court.

IN THE UNITED STATES DISTRICT COURT
POR THE EASTERN DISTRICT OP PENNSYLVANIA
PHILLIP MCCOY CIVIL ACTION

v.
DET. FRANK A. MARTIN. et al. NO. 10-7334
0 R D E R

-z-AND NOW, this that; 1. 2.
§

Z-?

day of February, 2011, IT IS ORDERED

Leave to proceed in forma pauperis is GRANTED. This complaint is DISMISSED pursuant to 28 U.S.C.

1915(e), with leave to amend within thirty (30) days of the Upon the filing of an amendment, the Clerk

date of this Order.

shall not make service until so ORDERED by the Court. BY THE COURT:

EDUARDO C. ROBRBNO, J.