DURHAM v. THE PHILADELPHIA PRISON SYSTEM et al

Filing 7

ORDER THT THE COMPLAINT IS DISMISSED FOR FAILURE TO STATE A CLAIM, PURSUANT TO 28 USC, SECTION 1915A(b)(1), FOR THE REASONS STATED IN THE COURT'S MEMORANDUM. DURHAN IS GIVEN LEAVE TO FILE AN AMENDED COMPLAINT WITHIN THIRTY (30) DAYS OF THIS ORD ER. THE CLERK OF COURT SHALL SEND DURHAM A BLANK COPY OF THE COURT'S FORM COMPLAINT OT BE USED BY A PRISONER FILING A CIVIL RIGHTS ACTION BEARING THE CIVIL ACTION NUMBER OF THIS CASE WHICH HE WILL USE TO FILE AN AMENDED COMPLAINT. THE U.S. MARSHAL FOR THE EASTERN DIST. OF PA SHALL NOT SERVE THE COMPLAINT AT THIS TIME.. SIGNED BY HONORABLE GERALD A. MCHUGH ON 6/25/18. 6/25/18 ENTERED AND COPIES MAILED TO PRO SE PLFF. WITH A BLANK COPY OF COMPLAINT AND IFP FORM. (pr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
EDWARD W. DURHAM,
Plaintiff,
v.
THE PHILADELPHIA PRISON
SYSTEM, et al.,
Defendants.

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CIVIL ACTION NO. 18-2113

ORDER
AND NOW, this 25th day of June, 2018, upon consideration of Plaintiff Edward W.
Durham’s pro se Complaint (ECF No. 2) it is ORDERED that:
1.

The Complaint is DISMISSED for failure to state a claim, pursuant to 28 U.S.C.

§ 1915A(b)(1), for the reasons stated in the Court’s Memorandum.
2.

Durham is given leave to file an amended complaint within thirty (30) days of the

date of this Order. If Durham files an amended complaint, he must identify all of the 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. If Durham wishes to name individuals for whom he does not
have any identifying information, he may refer to those individuals as John Doe #1, John Doe
#2, etc. The amended complaint must also describe how each defendant, including any John Doe
or Jane Doe defendants, were responsible for violating Durham’s rights. Upon the filing of an
amended complaint, the Clerk of Court shall not make service until so ORDERED.
3.

The Clerk of Court shall SEND Durham a blank copy of the Court’s form

complaint to be used by a prisoner filing a civil rights action bearing the civil action number of
this case. Durham may use this form to file an amended complaint.

4.

The United States Marshal for the Eastern District of Pennsylvania shall not serve

the Complaint at this time.
5.

If Durham fails to file an amended complaint, his case may be dismissed without

prejudice for failure to prosecute without further notice.
BY THE COURT:

/s/ Gerald Austin McHugh
United States District Judge