PICOZZI v. MCKEOWN et al

Filing 5

MEMORADNUM ORDER THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED. PICOZZI'S COMPLAINT IS DISMISSED AS OUTLINED HEREIN. IF PICOZZI FILES AN AMENDED COMPLAINT THE CLERK OF COURT SHALL NOT MAKE SERVICE UNTIL SO ORDERED. THE CLERK OF COURT IS DIR ECTED TO FURNISH PICOZZI WITH A COPY OF THIS COURT'S STANDARD FORM TO BE USED BY A PRO SE LITIGANT FILING A CIVIL ACTION. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 5/16/2018. 5/17/2018 ENTERED AND COPY MAILED TO PRO SE WITH COMPLAINT FORM.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
THOMAS PICOZZI,
Plaintiff,
v.
JOSEPH MCKEOWN, et al.,
Defendants.

:
:
:
:
:
:
:

CIVIL ACTION NO. 18-CV-1998

ORDER
AND NOW, this 16th day of May, 2018, upon consideration of Plaintiff Thomas
Picozzi’s Motion for Leave to Proceed In Forma Pauperis (ECF No. 1) and his pro se Complaint
(ECF No. 2), it is ORDERED that:
1.

Leave to proceed in forma pauperis is GRANTED.

2.

Picozzi’s Complaint is DISMISSED in accordance with the Court’s

Memorandum. Any federal claims brought pursuant to 42 U.S.C. § 1983 are DISMISSED with
prejudice for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). Any state law
claims are DISMISSED without prejudice to Picozzi filing them in state court, or filing an
amended complaint in this action within thirty (30) days of the date of this Order in the event that
he can state a claim within this Court’s jurisdiction. Any amended complaint must identify all
defendants in the caption and clearly state the basis for Picozzi’s claims against each defendant.
If Picozzi files an amended complaint, the Clerk of Court shall not make service until so
ORDERED.
3.

The Clerk of Court is DIRECTED to furnish Picozzi 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 Picozzi fails to file an amended complaint, his case may be dismissed for

failure to prosecute without further notice.
BY THE COURT:
/s/ Mitchell S. Goldberg
MITCHELL S. GOLDBERG, J.