BLASSENGALE v. CITY OF PHILADELPHIA et al

Filing 9

ORDER THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED; PLFF'S CLAIMS AGAINST ALL OF THE DEFTS EXCEPT U.S. AGENT JANICE FEDARCYKE, F.B.I. AGENT BRIAN PACCHIOLLI, MR. B. KORN AND OFFICER DREXEL REID, JR. ARE DISMISSED PURSUANT TO 28. U.S.C. SEC TION 1915(e). THE COMPLAINT IS TO BE FILED AGAINST THE REMAINING DEFTS, THE SUMMONSES ARE TO ISSUE, SERVICE OF THE SUMMONS AND COMPLAINT IS TO BE MADE UPON THE DEFTS BY THE U.S. MARSHALS SERVICE.. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 11/8/11. 11/9/11 ENTERED AND COPIES MAILED TO PRO SE AND U.S. MARSHAL.(lvj, )

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

JERMAINE BLASSENGALE

.

•

v.

CIVIL ACTION

:

CITY OF PHILADELPHIA, at al.

o

NO. 11-3006
R D E R

day of November, 2011, having

AND NOW, this

considered plaintiff's complaint and motion to proceed in forma
pauperis, IT IS HEREBY ORDERED that:
1.

Leave to proceed in forma pauperis is GRANTED;

2.

Plaintiff's claims against all of the defendants,

except U.S. Agent Janice Fedarcyke, F.B.I. Agent Brian Pacchioli,
Mr. B. Korn and Officer Drexel Reid, Jr., are DISMISSED pursuant
to 28 U.S.C.
3.

§

1915(e).

The complaint is to be filed against the remaining

defendants, the summonses are to issue, service of the summons
and complaint is to be made upon the defendants by the U.S.
Marshals Service.
4.

All original pleadings and other papers submitted for

consideration to the Court in this case are to be filed with the
Clerk of this Court.

Copies of papers filed in this Court are to

be served upon counsel for all other parties (or directly on any
party acting pro se).

Service may be by mail.

Proof that

service has been made is provided by a certificate of service.
This certificate should be filed in the case along with the
original papers and should show the day and manner of service.
An example of a certificate of service by mail follows:
111,

(name)

, do hereby certify

that a true and correct copy of the
foregoing (name of pleading or other
paper) has been served upon (name(s)
of person(s) served) by placing the same
in the U.S. Mail, properly addressed,
this (date) day of

(month)

(year) .

(Signature)"

If any pleading or other paper submitted for filing does not
include a certificate of service upon the opposing party or
counsel for opposing party, it may be disregarded by the Court.
5.

Any request for court action shall be set forth in a

motion, properly filed and served.

The parties shall file all

motions, including proof of service upon opposing parties, with
the Clerk of Court.

The Federal Rules of Civil Procedure and

local rules are to be followed.

Plaintiff is specifically

directed to comply with Local Civil Rule 7.1 and serve and file a
proper response to all motions within fourteen (14) days.
Failure to do so may result in dismissal of this action.
6.

Plaintiff is specifically directed to comply with Local

Rule 26.1(f) which provides that "[nlo motion or other
application pursuant to the Federal Rules of Civil Procedure
governing discovery or pursuant to this rule shall be made unless
it contains a certification of counsel that the parties, after
reasonable effort, are unable to resolve the dispute."

Plaintiff

shall attempt to resolve any discovery disputes by contacting
defendant's counsel directly by telephone or through
correspondence.
7.

No direct communication is to take place with the

District Judge or United States Magistrate Judge with regard to
this case.

All relevant information and papers are to be

directed to the Clerk of Court.
8.

In the event a summons is returned unexecuted, it is

plaintiff's responsibility to ask the Clerk of the Court to issue
an alias summons and to provide the Clerk of Court with the
defendant's correct address, so that service can be made.
9.

The parties should notify the Clerk of Court's Office

when there is an address change.

Failure to do so could result

in court orders or other information not being timely delivered,
which could affect the parties' legal rights.
BY THE COURT:

THOMAS N. O'NEILL, JR., J.