NICHOLAS v. PHILADELPHIA COUNTY PRISON

Filing 19

ORDER THAT THE THIRD AMENDED COMPLAINT IS DISMISSED WITH PREJUDICE; THE MOTION TO PROCEED IN FORMA PAUPERIS IS DENIED. THE CLERK OF COURT SHALL CLOSE THIS CASE.. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 3/1/17. 3/1/17 ENTERED AND COPIES MAILED TO PRO SE PLFF., 1 COPY TO LEGAL BIN. (pr, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA PATRICK NICHOLAS v. MR. LORTON WARDEN OF PHILA. HOC : : : : : : CIVIL ACTION NO. 16-641 ORDER AND NOW, this 1st day of March, 2017, upon consideration of plaintiff’s third amended complaint (ECF No. 16) and his motion to proceed in forma pauperis (ECF No. 17), it is ORDERED that: 1. The third amended complaint is DISMISSED with prejudice for failure to state a claim, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), for the reasons stated in the Court’s Memorandum. 2. The motion to proceed in forma pauperis is DENIED as unnecessary because plaintiff has already been granted leave to proceed in forma pauperis in this matter. 3. The Clerk of Court shall CLOSE this case. BY THE COURT: /s/ Lawrence F. Stengel LAWRENCE F. STENGEL, J.

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