GARCIA v. BUCKS COUNTY JUSTICE CENTER et al

Filing 12

MEMORANDUM AND ORDER THAT SECOND AMENDED COMPLAINT IS DISMISSED AS FRIVOLOUS FOR THE REASONS STATED IN COURTS MEMORANDUM. PLAINTIFF IS GIVEN LEAVE TO FILE A 3RD AMENDED COMPLAINT WITHIN 30 DAYS AS OUTLINED HEREIN. UPON FILING OF A THIRD AMENDED COMPL AINT, CLERK OF COURT SHALL NOT MAKE SERVICE UNTIL SO ORDERED. IF PLAINTIFF FAILS TO FILE A THIRD AMENDED COMPLAINT THIS CASE MAY BE DISMISSED FOR FAILURE TO PROSECUTE WITHOUT FURTHER NOTICE. SIGNED BY HONORABLE GERALD A. MCHUGH ON 10/26/17. 10/26/17 ENTERED AND COPIES MAILED TO PRO SE PLAINTIFF.(rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CIVIL ACTION

HAMLET GARCIA, JR.
Plaintiff,

v.
NO. 17-3381

COUNTY OF BUCKS, et al.
Defendants.
ORDER

AND NOW, this 26th day of October, 2017, upon consideration of plaintiffs second
amended complaint (ECF No. 10), it is ORDERED that:
1.

The second amended complaint is DISMISSED as frivolous for the reasons stated

in the Court's Memorandum.
2.

Plaintiff is given leave to file a third amended complaint within thirty (30) days of

the date of this order in the event he can state a plausible basis for a claim against an appropriate
and specifically identified defendant or defendants arising out of his incarceration at the Bucks
County Jail in December of2016. If plaintiff chooses to file a third amended complaint, he shall
not raise any claims under treaties, declarations, the UCC, or claims predicated on legally
baseless theories related to his alleged Moorish heritage or secured party sovereign citizen status.
Plaintiff also shall not raise any claims based on his prosecution or conviction. Any third
amended complaint shall identify all defendants in the caption, and clearly state the factual basis
for plaintiffs claims against each defendant by providing the dates on which the events in
question occurred, stating where they occurred, and describing who was involved and what
happened. Any third amended complaint shall not rely on or cite to prior pleadings filed in this

case to state a claim. Upon the filing of a third amended complaint, the Clerk of Court shall not
make service until so ORDERED.
3.

If plaintiff fails to file a third amended complaint, this case may be dismissed for

failure to prosecute without further notice.

BY THE COURT:

GERALD A. MCHUGH, J.