BUKSTEL v. HAND et al

Filing 4

MEMORANDUM AND ORDER THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED. THE COMPLAINT IS DISMISSED FOR THE REASONS STATED IN THE COURTS MEMORANDUM. PLAINTIFFS CLAIMS UNDER FEDERAL RULES OF CIVIL PROCEDURE 60(b)(2) AND (3) ARE DISMISSED WITH PREJUDIC E AND HIS DRAGONETTI ACT CLAIMS ARE DISMISSED WITHOUT PREJUDICE TO HIM REFILING THOSE CLAIMS IN STATE COURT. THE CLERK OF COURT SHALL CLOSE THIS CASE.. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 8/20/15. 8/21/15 ENTERED AND COPIES MAILED TO PRO SE, EMAILED.(rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
EDWARD BUKSTEL
v.
JEHU HAND, et al.

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CIVIL ACTION

NO. 15-3951

ORDER
AND NOW, this 20TH day of August, 2015, upon consideration of plaintiff’s motion for
leave to proceed in forma pauperis and his complaint, it is ORDERED that:
1.

Leave to proceed in forma pauperis is GRANTED.

2.

The complaint is DISMISSED for the reasons stated in the Court’s

Memorandum. Plaintiff’s claims under Federal Rules of Civil Procedure 60(b)(2) and (3) are
DISMISSED with prejudice and his Dragonetti Act claims are DISMISSED without
prejudice to him refiling those claims in state court.
3.

The Clerk of Court shall CLOSE this case.
BY THE COURT:
/s/ Michael M. Baylson
MICHAEL M. BAYLSON, J.

O:\CIVIL 15\15-3951 bukstel v. hand\15-3951.order.IFP.dismiss.2015.08.19.docx