PATTERSON v. CHESTER POLICE et al

Filing 16

MEMORANDUM AND ORDER THAT THE SECOND MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS IS DENIED AS UNNECESSARY BECAUSE PATTERSON HAS ALREADY BEEN GRANTED LEAVE TO PROCEED IN FORMA PAUPERIS. THE SECOND AMENDED COMPLAINT IS DISMISSED FOR THE REASONS SET F ORTH IN THE COURT'S MEMORANDUM. PATTERSON'S FEDERAL CLAIMS PURSUANT TO 42 USC SECTION 1983 ARE DISMISSED WITH PREJUDICE. ANY STATE LAW CLAIMS THAT PATTERSON IS RAISING ARE DISMISSED WITHOUT PREJUDICE FOR LACK OF SUBJECT MATTER JURISDICTION. PATTERSON MAY FILE A THIRD AMENDED COMPLAINT IN THIS MATTER. THE CLERK OF COURT SHALL CLOSE THIS CASE. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 1/18/19. 1/18/19 ENTERED AND COPY MAILED TO PATTERSON. (fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
LAVELLE PATTERSON,
Plaintiff,
v.
CHESTER POLICE, et al,,
Defendants.

:
:
:
:
:
:
:

CIVIL ACTION NO. 18-CV-4410

ORDER
AND NOW, this 18th day of January, 2019, upon consideration of pro se Plaintiff Lavelle
Patterson’s second Motion for Leave to Proceed In Forma Pauperis (ECF No. 13) and Second
Amended Complaint (ECF No. 14), it is ORDERED that:
1.

The second Motion for Leave to Proceed In Forma Pauperis is DENIED as

unnecessary because Patterson has already been granted leave to proceed in forma pauperis.
2.

The Second Amended Complaint is DISMISSED for the reasons set forth in the

Court’s Memorandum. Patterson’s federal claims pursuant to 42 U.S.C. § 1983 are
DISMISSED with prejudice. Any state law claims that Patterson is raising are DISMISSED
without prejudice for lack of subject matter jurisdiction. Patterson may not file a third amended
complaint in this matter.
3.

The Clerk of Court shall CLOSE this case.
BY THE COURT:
/s/ Michael M. Baylson
MICHAEL M. BAYLSON, J.

O:\CIVIL 18\18-4410 Patterson v Chester Police\18cv4410 order 01182019.docx