BATTLES v. PENNA HOUSING FINANCE AGENCY et al

Filing 3

ORDER THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED. THE COMPLAINT IS DISMISSED WITHOUT PREJUDICE, PURSUANT TO RULE 8 OF THE FEDERAL RULES OF CIVLI PROCEDURE AND 28 U.S.C. 1915(e)(2)(B)(ii), IN ACCORDANCE WITH THE COURT'S MEMORANDUM. THE CL ERK OF COURT SHALL FURNISH BATTLES 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. UPON THE FILING OF AN AMENDED COMPLAINT, THE CLERK OF COURT SHALL NOT MAKE SERVICE UNTIL SO ORDERD. IF BATTLES FAILS TO FILE AN AMENDED COMPLAINT, HER CASE MAY BE DISMISSED, WITHOUT FURTHER NOTICE, FOR FAILURE TO PROSECUTE, ETC. SIGNED BY HONORABLE GERALD J. PAPPERT ON 2/12/18. 2/13/18 ENTERED AND COPIES MAILED TO PRO SE.(ti, ) Modified on 2/13/2018 (lisad, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MISS BOBBIE JEAN BATTLES,
Plaintiff,
v.
PENNA HOUSING
FINANCE AGENCY, et al.,
Defendants.

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CIVIL ACTION

NO. 18-494

ORDER
AND NOW, this 12th day of February, 2018, upon consideration of Battles’
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 without prejudice, pursuant to Rule 8 of

the Federal Rules of Civil Procedure and 28 U.S.C. § 1915(e)(2)(B)(ii), in accordance
with the Court’s Memorandum. To the extent Battles seeks to challenge the dismissal
of her state case, such claims are DISMISSED for lack of jurisdiction pursuant to the
Rooker-Feldman doctrine. Battles is given leave to file an amended complaint within
thirty (30) days of the date of this Order in the event that she can state a plausible
claim that lies within this Court’s jurisdiction.

Any amended complaint shall be a

complete document that identifies all of the defendants in the caption in addition to the
body, and shall describe in detail the basis for Battles’ claims against each defendant.
Any amended complaint may not direct the Court to refer to Battles’ filings in Civil
Action No. 15-3238 and may not refer to any of the numerous documents that Battles
submitted with her Complaint in this matter.

Upon the filing of an amended

complaint, the Clerk of Court shall not make service until so ORDERED by the Court.

3.

The Clerk of Court shall furnish Battles 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.
4.

If Battles fails to file an amended complaint, her case may be dismissed,

without further notice, for failure to prosecute.
BY THE COURT:
/s/ Gerald J. Pappert
GERALD J. PAPPERT, J.