MILLER v. ALICE et al
ORDER THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED. THE COMPLAINT IS DISMISSED. PLAINTIFF'S CLAIMS AGAINST DEFENDANTS JUDGE ROBERT P. COLEMAN, JESSICA CHUNG, DISTRICT ATTORNEY'S OFFICE, AND KENDRA MCCRAE ARE DISMISSED WITH PREJUDICE. HIS REMAINING CLAIMS ARE DISMISSED WITHOUT PREJUDICE. PLAINTIFF IS GIVEN LEAVE TO FILE AN AMENDED COMPLAINT WITHIN 30 DAYS OF THE DATE OF THIS ORDER. THE CLERK SHALL NOT MAKE SERVICE UNTIL SO ORDERED.. SIGNED BY HONORABLE LEGROME D. DAVIS ON 1/4/2017. 1/5/2017 ENTERED AND COPIES MAILED TO PRO SE. COMPLAINT FORM FORWARDED TO PRO SE. (kp, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MICHAEL ALICE, et al.
AND NOW, this 4
day of January, 2017, upon consideration of plaintiff’s motion to
proceed in forma pauperis and his pro se complaint, it is ORDERED that:
Leave to proceed in forma pauperis is GRANTED.
The complaint is DISMISSED, pursuant to 28 U.S.C. § 1915(e)(2)(B), in
accordance with this Court’s memorandum. Plaintiff’s claims against defendants Judge Robert
P. Coleman, Jessica Chung, District Attorney’s Office, and Kendra McCrae are DISMISSED
with prejudice. His remaining claims are DISMISSED without prejudice to amendment as
Plaintiff is given leave to file an amended complaint against defendants Michael
Alice, Edgar Ruth, and the City of Philadelphia, within thirty (30) days of the date of this order.
Any amended complaint shall identify all defendants in the caption of the pleading as required
by Federal Rule of Civil Procedure 10(a), and shall state the basis of plaintiff’s claims against
each defendant. Any amended complaint shall not duplicate any claims raised in Miller v.
Alice, Civ. A. No. 14-68 (E.D. Pa.), including plaintiff’s excessive force claim based on the
alleged assault that took place in the course of his arrest. Upon the filing of an amendment,
the Clerk shall not make service until so ORDERED. If plaintiff fails to file an amended
complaint, this case may be dismissed without further notice.
The Clerk shall furnish plaintiff with a blank copy of this Court’s current standard
form to be used by a prisoner filing an action under 42 U.S.C. § 1983 bearing the civil action
number for this case. Plaintiff may use this form to file an amended complaint if he chooses to
BY THE COURT:
/s/ Legrome D. Davis
LEGROME D. DAVIS, J.
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