PATTERSON v. CHESTER POLICE et al

Filing 12

MEMORANDUM AND ORDER THAT THE AMENDED COMPLAINTS ARE DISMISSED WITHOUT PREJUDICE FOR FAILURE TO STATE A CLAIM, PURSUANT TO 28 USC:1915(e)(2)(B)(ii) AND RULE 8(a) OF THE FRCP, FOR THE REASONS STATED IN THE COURT'S MEMORANDUM. PATTERSON IS GIVEN L EAVE TO FILE A SECOND AMENDED COMPLAINT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER. THE CLERK OF COURT IS DIRECTED TO SEND PATTERSON 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. PATTERSON MAY USE THIS FORM TO PREPARE HIS SECOND AMENDED COMPLAINT. PATTERSON'S "MOTION REQUESTING A DELAY WITH SUMMONS DELIVERY TO DEFENDANTS" 10 IS DENIED. IF PATTERSON FAILS TO FIL E A SECOND AMENDED COMPLAINT IN ACCORDANCE WITH THIS ORDER, HIS CASE MAY BE DISMISSED FOR FAILURE TO PROSECUTE WITHOUT FURTHER NOTICE. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 11/29/18. 11/29/18 ENTERED AND COPY OF THIS ORDER, ALONG WITH A BLANK COPY OF 'THIS COURT'S CURRENT STANDARD FORM', MAILED TO PATTERSON.(fdc)

IN THE UNITED ST ATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
LAVELLE PATTERSON,
Plaintiff,

v.

CIVIL ACTION NO. 18-CV-4410

f:°/Lt:o

CHESTER POLICE, et al,,
Defendants.

AND NOW, this

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~~v 29 2018

ORDER

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~I. C/eJ/c

£,.vi day of O~tQecr,2018, upon consideration of prose Plaintiff

Lavelle Patterson's Amended Complaints (ECF Nos. 7, 8) and exhibits (ECF No. 6), it is

ORDERED that:
1.

The Amended Complaints are DISl\flSSED without prejudice for failure to state

a claim, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) and Rule 8(a) of the Federal Rules of Civil
Procedure, for the reasons stated in the Court's Memorandum.
2.

Patterson is given leave to file a second amended complaint within thirty (30)

days of the date of this Order. If Patterson files an amended complaint, he shall identify all of
the defendants in the caption of the second amended complaint and clearly state the basis for his
claims against each defendant. Patterson's second amended complaint shall include all of the
claims that he seeks to pursue in this action without relying on or referring to other pleadings or
exhibits filed in this matter. The second amended complaint shall not raise any claims over
which the Court does not have jurisdiction. All allegations must be continued in one pleading.
Upon the filing of an amended complaint, the Clerk of Court shall not make service until so

ORDERED.

A?P-CJeit

3.

The Clerk of Court is DIRECTED to send Patterson 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. Patterson may use this form to prepare his second amended
complaint.

4.

Patterson's "Motion Requesting a Delay with Summons Delivery to Defendants"

(ECF No. 10) is DENIED.
5.

If Patterson fails to file a second amended complaint in accordance with this

Order, his case may be dismissed for failure to prosecute without further notice.

BY THE COURT:
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