ADEYINKA v. PHILADELPHIA, PA et al

Filing 8

ORDER THAT THE COMPLAINT IS DISMISSED WITH PREJUDICE; ADEYINKA'S SECOND MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS (ECF NO. 5) IS DENIED AS UNNECESSARY; PLFF'S MOTION FOR APPOINTMENT OF COUNSEL (ECF NO. 6) IS DENIED. THE CLERK OF COURT SHALL CLOSE THIS CASE.. SIGNED BY HONORABLE PETRESE B. TUCKER ON 11/9/18. 11/13/18 ENTERED AND COPIES MAILED TO PRO SE PLFF. (pr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
EMMANUEL ADEYINKA,
Plaintiff,

v.

:

CIVIL ACTION NO. 18-CV-3253

FllED
.

PHILADELPHIA, PA, etal.,
Defendants.

NOV ;1 3 2018
KATE BARKMAN. Clerk
Oe~Clerk
ORDER

By
AND NOW, this

9~

~ f November, 2018, upon consideration of prose Plaintiff

Emmanuel Adeyinka's Complaint (ECF No. 2), second Motion for Leave to Proceed In Forma

Pauperis (ECF No. 5), and Motion for Appointment of Counsel (ECF No. 6), it is ORDERED
that:
1.

The Complaint is DISMISSED with prejudice for failure to state a claim for

relief, pursuant to 28 U.S.C. § l 915(e)(2)(B)(ii), for the reasons set forth in the Court's
Memorandum. Adeyinka may not file an amended complaint in this matter.
2.

Adeyinka's second 'Motion for Leave to Proceed In Forma Pauperis (ECF No. 5)

is DENIED as unnecessary.
3.

Adeyinka's Motion for Appointment of Counsel (ECF No. 6) is DENIED. See

Tabron v. Grace, 6 F.3d 147, 155 (3d Cir. 1993) (in determining whether appointment of counsel
is appropriate, the Court should first determine whether plaintiffs lawsuit has a legal basis).
4.

The Clerk of Court shall CLOSE this case.

BY THE COURT:

PETRESE B. TUCKER, J.