BERKERY v. GUDKNECHT

Filing 29

ORDER THAT THE COMPLAINT IS DISMISSED WITHOUT PREJUDICE, PURSUANT TO 28 U.S.C. 1915(e)(2)(B)(ii), IN ACCORDANCE WITH THE COURT'S MEMORANDUM. UPON THE FILING OF AN AMENDED COMPLAINT, THE CLERK OF COURT SHALL NOT MAKE SERVICE UNTIL SO ORDERED BY T HE COURT. IT IS FURTHER ORDERED THAT BERKERY'S PENDING MOTION TO STRIKE 22 , MOTION TO COMPEL 23 , MOTION FOR SUMMARY JUDGMENT 25 AND MOTIONS FOR STATUS 27 ARE DENIED AS MOOT. SIGNED BY HONORABLE GERALD J. PAPPERT ON 7/24/18. 7/24/18 ENTERED AND COPIES MAILED TO PRO SE PARTIES.(ti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JOHN C. BERKERY, SR.,
Plaintiff,

CIVIL ACTION
NO. 17-5574

v.
MELVIN ROSS GUDKNECHT,
Defendant.
ORDER

AND NOW, this 24th day of July, 2018, it is hereby ORDERED that:
1. The Complaint is DISMISSED without prejudice, pursuant to 28 U.S.C.
§ 1915(e)(2)(B)(ii), in accordance with the Court’s Memorandum. Berkery is
given leave to file an amended complaint by August 23, 2018 in the event that he
can state a plausible claim. Upon the filing of an amended complaint, the Clerk
of Court shall not make service until so ORDERED by the Court.
2. The Clerk of Court shall furnish Berkery with a blank copy of this Court’s
current standard form to be used by a pro se litigant filing a civil action bearing
the above-captioned civil action number.
3. If Berkery fails to file an amended complaint, his case may be dismissed, without
further notice, for failure to prosecute.
It is further ORDERED that Berkery’s pending Motion to Strike (ECF No. 22),
Motion to Compel (ECF No. 23), Motion for Summary Judgment (ECF No. 25) and
Motion for Status (ECF No. 27) are DENIED as MOOT.

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BY THE COURT:

/s/ Gerald J. Pappert
__________________________
GERALD J. PAPPERT, J.

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