JOHNSON v. DEPARTMENT OF HUMAN SERVICES et al

Filing 5

ORDER THAT UPON CONSIDERATION OF MS. JOHNSON'S MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1 AND HER PRO SE COMPLAINT 2 , IT IS ORDERED THAT MS. JOHNSON'S MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED. MS. JOHNSON'S COM PLAINT IS DISMISSED WITHOUT PREJUDICE FOR FAILURE TO STATE A CLAIM, PURSUANT TO 28 U.S.C. 1915(e)(2)(B)(ii). MS. JOHNSON IS GIVEN LEAVE TO FILE AN AMENDED COMPLAINT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER. THE CLERK SHALL FURNISH MS. JOHNSO N WITH A BLANK COPY OF THIS COURT'S CURRENT STANDARD FORM TO BE USED BY A PRO SE LITIGANT FILING IN CIVIL ACTION BEARING THE ABOVE-CAPTIONED CIVIL ACTION NUMBER. SIGNED BY HONORABLE GERALD A. MCHUGH ON 4/27/18. 4/27/18 ENTERED AND PRO SE LITIGANT FORMS AND COPIES MAILED TO PRO SE.(ti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MATRIYA-SHALAI JOHNSON,
Plaintiff,

CIVIL ACTION

v.
N0.18-1574

DEPARTMENT OF HUMAN
SERVICES, et al.,
Defendants.

APR 2 7 2018
ORDER

AND NOW, this

FILED
B KATE BARKMAN, Clem
Y
_ _ _Dep. Crorn

J 71'day of April, 2018, upon consideration of Ms. Johnson's Motion

for Leave to Proceed In Forma Pauperis (ECF No. 1) and her prose Complaint (ECF No. 2), it
is ORDERED that:
1.

Ms. Johnson's Motion for Leave to Proceed In Forma Pauperis is GRANTED.

2.

Ms. Johnson's Complaint is DISMISSED without prejudice 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 with the exception of Ms. Johnson's § 1983 claims Darin Wiggs-Hughes,
Christopher Li, Ms. Latiff, Sheriff Moore, Sheriff Dunbar, Sheriff Taylor, Sergeant Bascom, and
Officer Foley, as set forth in Section III.F.3 of the Court's Memorandum.
3.

Ms. Johnson is given leave to file an amended complaint within thirty (30) days

of the date of entry of this Order. If Ms. Johnson files an amended complaint, she shall name all
defendants in the caption of the amended complaint. Any individual or entity that is not listed in
the caption will not be treated as a defendant. The amended complaint must also provide as
much identifying information for the defendants as possible. The amended complaint must also
describe how each defendant was responsible for violating Ms. Johnson's rights. If Ms. Johnson
does not file an amended complaint, the Court will direct service of her Complaint on Darin

Wiggs-Hughes, Christopher Li, Ms. Latiff, Sheriff Moore, Sheriff Dunbar, Sheriff Taylor,
Sergeant Bascom, and Officer Foley. If Ms. Johnson files an amended complaint, the Clerk shall
not make service until so ORDERED by the Court.
4.

The Clerk of Court shall furnish Ms. Johnson 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 abovecaptioned civil action number.
BY THE COURT:

GERALD A. MCHUGH, J.