FULLMAN v. CITY OF PHILADELPHIA et al

Filing 3

ORDER THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED. THE COMPLAINT IS DISMISSED FOR FAILURE TO STATE A CLAIM. PLAINTIFF IS GIVEN 30 DAYS TO FILE AN AMENDED COMPLAINT. THE CLERK SHALL NOT MAKE SERVICE UNTIL SO ORDERED.. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 7/31/2017. 7/31/2017 ENTERED AND COPIES MAILED TO PRO SE.(kp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ANDREW FULLMAN

CIVIL ACTION

FILED
JUL 3 1 2017

v.
CITY OF PHILADELPHIA, et al.

Ll/
AND NOW, this

NO. 17-2673

KATE BARKMAN, Clerk
By_ _ _ _Dep. Clerk

ORDER

&\ day of July, 2017, upon consideration of plaintiffs motion to

proceed in forma pauperis and his prose complaint, it is ORDERED that:
1.

Leave to proceed in forma pauperis is GRANTED.

2.

The complaint is DISMISSED 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.
3.

Plaintiff is given thirty (30) days to file an amended complaint. If he chooses to

file an amended complaint, plaintiff is reminded that he must identify all defendants in the
caption of the amended complaint and state the factual basis for his claims against each named
defendant. Plaintiff may not reassert any claims barred by Heck in his amended complaint;
however, those claims are dismissed without prejudice to plaintiff filing a new civil action
against an appropriate defendant(s) in the event his convictions are invalidated. If plaintiff fails
to file an amended complaint, his case may be dismissed for failure to prosecute.
4.

Upon the filing of an amended complaint, the Clerk shall not make service until so

ORDERED by the Court.
BY THE COURT:

A_{.~~
EDUARDO C. ROBRENO, J.

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