MILLHOUSE v. NUTTER et al

Filing 5

ORDER THAT HAVING CONSIDERED PLAINTIFF'S COMPLAINT AND FOR THE REASONS SET FORTH IN THE ACCOMPANYING MEMORANDUM, IT IS ORDERED THAT PLAINTIFF'S COMPLAINT 3 IS DISMISSED FOR FAILURE TO STATE A CLAIM. PLAINTIFF HAS LEAVE TO FILE AN AMENDED COMPLAINT ON OR BEFORE 11/12/15. THE CLERK OF COURT SHALL NOT ISSUE SUMMONS AND THE U.S. MARSHALS SERVICE SHALL NOT MAKE SERVICE OF THE SUMMONS AND AMENDED COMPLAINT UNTIL SO ORDERED BY THE COURT. THE CLERK OF COURT SHALL CLOSE THIS ACTION FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE NORMA L. SHAPIRO ON 10/14/15. 10/14/15 ENTERED AND COPIES MAILED TO PRO SE.(gs)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
RAYMOND N. MILLHOUSE
v.
MICHAEL NUTTER; LOUIS GIORLA;
and M. FARRELL

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CIVIL ACTION

No. 15-1622

ORDER
AND NOW, this 14th day of October 2015, having considered plaintiff's complaint, and for
the reasons set forth in the accompanying memorandum of today’s date, it is ORDERED that:
1. Plaintiff’s complaint (paper no. 3) is DISMISSED under 28 U.S.C. § 1915(e)(2)(B)(ii) for
failure to state a claim.
2. Plaintiff has leave to file an amended complaint on or before NOVEMBER 12, 2015.
3. If plaintiff files an amended complaint, he shall name all defendants in the caption and body
of the amended complaint and state each defendant’s personal involvement in the alleged
deprivation of his constitutional rights.
4. If plaintiff fails to file an amended complaint, the court will dismiss this action.
5. The Clerk of Court shall not issue summons and the U.S. Marshals Service shall not make
service of the summons and amended complaint until so ordered by the court.
6. The Clerk of Court shall CLOSE this action for statistical purposes.
/s/ Norma L. Shapiro
J.