YODER v. SCHMEHL ET AL

Filing 7

ORDER THAT THE CLERK OF COURT IS DIRECTED TO AMEND THE CAPTION IN THE MATTER TO REFLECT THAT SET FORTH IN MR. REPOTSKI'S COMPLAINT. LEAVE TO PROCEED IN FORMA PAUPERIS IS GRFANTED. MR. REPOTSKI'S COMPLAINT IS DISMISSED FOR FAILURE TO STATE A CLAIM, FOR THE REASONS SET FORTH IN THE COURT'S MEMORANDUM. THE CLERK OF COURT SHALL CLOSE THIS CASE. SIGNED BY HONORABLE GENE E.K. PRATTER ON 11/21/17. 11/22/17 ENTERED AND COPIES MAILED TO PRO SE.(mbh, )

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

CLIFFORD B. REPOTSKI,
Plaintiff,

v.
MR. JEFFREY SCHMEHL, et al.,
Defendants.
.

~

NO. 17-4036

ORDER

AND NOW, this oi/day of November, 2017, upon consideration of Mr. Repotski's
motion to proceed in forma pauperis and pro se Complaint, it is ORDERED that:
1.

The Clerk of Court is DIRECTED to amend the caption in the matter to reflect

that set forth in Mr. Repotski's Complaint (ECF No. 5-1).
2.

Leave to proceed informa pauperis is GRANTED.

3.

Mr. Repotski's Complaint is DISMISSED for failure to state a claim, pursuant to

28 U.S.C. § 1915(e)(2)(B)(ii), for the reasons set forth in the Court's Memorandum.

Mr.

Repotski may not file an amended complaint in this case. However, his claim challenging his
conviction and sentence is dismissed without prejudice to him filing a new civil action for
damages against an appropriate defendant in the event his conviction and sentence are
overturned or otherwise called into question.
4.

The Clerk of Court shall CLOSE this case.