GUYTON v. BERKSHIRE HATHAWAY HOME SERVICES et al

Filing 12

ORDER GRANTING 10 REQUEST FOR RECONSIDERATION. THE CLERK OF COURT IS DIRECTED TO REOPEN THIS CASE. THE COURTS JULY 31, 2018 ORDER IS VACATED. LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED. THE COMPLAINT IS DEEMED FILED. THE COMPLAINT IS DISMISSED W ITHOUT PREJUDICE, WITH 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 FOR RELIEF. ANY INDIVIDUAL OR ENTITY THAT IS NOT LISTED IN THE CAPTION OF THE AMENDED COMPLA INT WILL NOT BE TREATED AS A DEFENDANT. ANY AMENDED COMPLAINT MUST BE A COMPLETE DOCUMENT THAT DESCRIBES IN DETAIL THE BASIS FOR GUYTONS CLAIMS AGAINST EACH DEFENDANT. IF GUYTON FILES AN AMENDED COMPLAINT, THE CLERK SHALL NOT MAKE SERVICE UNTIL SO OR DERED. THE CLERK OF COURT IS DIRECTED TO SEND GUYTON A BLANK COPY OF THIS COURTS CURRENT STANDARD FORM TO BE USED BY A PRO SE LITIGANT FILING A CIVIL ACTION BEARING THE ABOVE-CAPTIONED CIVIL ACTION NUMBER. GUYTON MAY USE THIS FORM TO PREPARE HER AMEN DED COMPLAINT. IF GUYTON FAILS TO FILE AN AMENDED COMPLAINT, HER CASE MAY BE DISMISSED FOR FAILURE TO PROSECUTE WITHOUT FURTHER NOTICE. SIGNED BY HONORABLE GERALD J. PAPPERT ON 9/27/18. 9/28/18 ENTERED AND COPIES MAILED TO PRO SE WITH NEW COMPLAINT FORM. (va, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
REGINA MERCEDES GUYTON,
Plaintiff,
v.
BERKSHIRE HATHAWAY
HOME SERVICES, et al.,
Defendants.

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CIVIL ACTION NO. 18-CV-2592

ORDER
AND NOW, this 27th day of September, 2018, upon consideration of Plaintiff Regina
Mercedes Guyton’s pro se Complaint (ECF No. 2) and request for reconsideration (ECF No. 10),
seeking reconsideration of the Court’s July 31, 2018 Order dismissing this action without
prejudice for failure to prosecute, it is ORDERED that:
1.

The request for reconsideration is GRANTED.

2.

The Clerk of Court is DIRECTED to reopen this case.

3.

The Court’s July 31, 2018 Order is VACATED.

4.

Leave to proceed in forma pauperis is GRANTED.

5.

The Complaint is DEEMED filed.

6.

The 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.
7.

Guyton 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 for relief. Any individual or
entity that is not listed in the caption of the amended complaint will not be treated as a defendant.
Any amended complaint must be a complete document that describes in detail the basis for

Guyton’s claims against each defendant. If Guyton files an amended complaint, the Clerk shall
not make service until so ORDERED.
8.

The Clerk of Court is DIRECTED to send Guyton 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. Guyton may use this form to prepare her amended complaint.
9.

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

failure to prosecute without further notice.
BY THE COURT:

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