ROSADO et al v. STRETEL et al

Filing 7

ORDER THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED. THE CLERK OF COURT SHALL AMEND THE DOCKET TO REFLECT PLFF'S NAME AS IT IS WRITTEN IN THE CAPTION: GERONIMO ROSADO FRATICELLI, JR. THE COMPLAINT IS DISMISSED AS FRIVOLOUS AND FOR FAILURE TO STATE A CLAIM. PLFF. MAY FILE AN AMENDED COMPLAINT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER. UPON THE FILING OF AN AMENDED COMPLAINT, THE CLERK SHALL NOT MAKE SERVICE UNTIL SO ORDERED. THE MOTION FOR COUNSEL IS DENIED WITHOUT PREJUDICE.. SIGNED BY HONORABLE C. DARNELL JONES, II ON 11/30/17. 12/1/17 ENTERED AND COPIES MAILED TO PRO SE PLFF. (pr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
GERONIMO ROSADO FRATICELLI, JR.
Plaintiff

CIVIL ACTION

v.
NO. 17-3343

PHYLLIS R. STRETEL, et al.
Defendants
ORDER

AND NOW, this 301h day of November, 2017, upon consideration of plaintiff's motions
to proceed in forma pauperis (ECF Nos. 4 & 5), his prose complaint, and his motion for
appointment of counsel, it is ORDERED that:
1.

Leave to proceed in forma pauperis is GRANTED.

2.

The Clerk of Court shall amend the docket to reflect plaintiff's name as it is

written in the caption: Geronimo Rosado Fraticelli Jr.
3.

The complaint is DISMISSED as frivolous and for failure to state a claim,

pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) and (ii), for the reasons stated in the Court's
Memorandum. The dismissal is without prejudice to the amendment of certain claims as
discussed in paragraph four (4) of this order.
4.

Plaintiff may file an amended complaint within thirty (30) days of the date of this

order in the event he can state a plausible basis for a constitutional claim against an appropriate
defendant. Any amended complaint shall identify all defendants in the caption so that it is clear
to the Court who plaintiff is naming as defendants in this matter. Any amended complaint shall
not raise: (a) claims based on plaintiff's convictions, sentences, or the criminal proceedings
leading to his convictions, as those claims are not cognizable and may only be reasserted by

plaintiff in the event his convictions are invalidated; (b) claims based on conduct that occurred
between 2010 and 2013; (c) claims based on acts or omissions taken by judges in their judicial
capacity that would be covered by absolute judicial immunity; (d) claims based on acts or
omissions taken by prosecutors acting in their prosecutorial capacity that would be covered by
absolute prosecutorial immunity; (e) claims against the United States or the Commonwealth of
Pennsylvania; (f) claims against high-ranking government officials or other defendants who had
no involvement in the claimed constitutional violations; (g) claims against individuals who are
not state actors. Any amended complaint should clearly and briefly state the factual basis for
plaintiffs claims against each defendant. Upon the filing of an amended complaint, the Clerk
shall not make service until so ORDERED.
5.

The motion for counsel is DENIED without prejudice.