JOHNSON v. US RAILROAD RETIREMENT BOARD

Filing 3

MEMORANDUM AND ORDER THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED. THE COMPLAINT IS DISMISSED FOR THE REASONS STATED IN THE COURT'S MEMORANDUM. PLAINTIFF IS NOT GIVEN LEAVE TO FILE AN AMENDED COMPLAINT IN THIS CASE. HOWVER, THE DISMISSAL O F THIS CASE IS WITHOUT PREJUDICE TO PLAINTIFF PURSUING HER BENEFITS CLAIMS BEFORE THE RAILROAD RETIREMENT BOARD AND/OR THE APPROPRIATE UNITED STATES COURT OF APPEALS. THE CLERK OF COURT SHALL CLOSE THIS CASE. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 10/10/17. 10/10/17 ENTERED AND COPIES MAILED TO JOHNSON.(rf, ) Modified on 10/10/2017 (rf, ).

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CHERYL B. JOHNSON Plaintiff v. U.S. RAILROAD RETIREMENT BOARD Defendant : : : : : : : CIVIL ACTION NO. 17-4051 ORDER AND NOW, this 10th day of October, 2017, upon consideration of plaintiff’s motion to proceed in forma pauperis and her pro se complaint, it is ORDERED that: 1. Leave to proceed in forma pauperis is GRANTED. 2. The complaint is DISMISSED for the reasons stated in the Court’s Memorandum. Plaintiff is not given leave to file an amended complaint in this case. However, the dismissal of this case is without prejudice to plaintiff pursuing her benefits claims before the Railroad Retirement Board and/or the appropriate United States court of appeals 3. The Clerk of Court shall CLOSE this case. BY THE COURT: /s/ Michael M. Baylson MICHAEL M. BAYLSON, J.

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