PATTERSON v. CHESTER POLICE et al

Filing 5

ORDERED THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED. THE COMPLAINT IS DEEMED FILED THE COMPLAINT IS DISMISSED WITHOUT PREJUDICE. PLAINTIFF IS GRANTED LEAVE TO FILE AN AMENDED COMPLAINT. UPON THE FILING OF AN AMENDED COMPLAINT THE CLERK OF COUR T SHALL NOT MAKE SERVICE UNTIL SO ORDERED BY THE COURT. THE CLERK OF COURT SHALL SEND A COPY OF THIS COURT'S CURRENT STANDARD FOR FILING A CIVIL RIGHTS COMPLAINT TO THE PLAINTIFF BEARING THE ABOVE CAPTIONED CIVIL ACTION NUMBER. PLAINTIFF MAY USE THIS FORM TO PREPARE HIS AMENDED COMPLAINT. FAILURE TO FILE AN AMENDED COMPLAINT THIS CASE MAY BE DISMISSED FOR FAILURE TO PROSECUTE WITHOUT FURTHER NOTICE. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 10/16/18. 10/17/18 ENTERED AND COPY OF ORDER AND COMPLAINT MAILED TO PRO SE PLAINTIFF. (jpd, ) Modified on 10/17/2018 (lvj, ).

IN THE UNITED ST ATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
LAVELLE PATTERSON,
Plaintiff,
CIVIL ACTION NO. 18-CV-4410

v.
CHESTER POLICE, et al,,
Defend ants.

or.T 1 6 2018
. ".
, .......·. ~ - . : .... ;. ·.;. .~ :~ .
. _______ _ ·.
\

ORDER

r

-

!;'.

W-

AND NOW, this

llP day of October, 2018, upon consideration of prose Plaintiff

Lavelle Patterson's Motion for Leave to Proceed In Forma Pauperis (ECF No. 1) and Complaint
(ECF No. 2), it is ORDERED that:
1.

Leave to proceed informa pauperis is GRANTED.

2.

The Complaint is DEEMED filed.

3.

The Complaint is DISMISSED without prejudice for failure to state a claim,

pursuant to 28 U.S.C. § 19I5(e)(2)(B)(ii) and Rule 8(a) of the Federal Rules of Civil Procedure,
for the reasons stated in the Court's Memorandum.
4.

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

the date of this order in the event he can state a plausible claim for relief against a proper
defendant. If Patterson files an amended complaint, he shall identify all of the defendants in the
caption of the amended complaint and describe in detail the basis for his claims against each
defendant. Any amended complaint shall include all of the claims that Patterson seeks to pursue
in this action without relying on or referring to other pleadings or exhibits filed in this matter.
Upon the filing of an amended complaint, the Clerk of Court shall not make service until so
ORDERED.

5.

The Clerk of Court is DIRECTED to send Patterson a blank copy of this Court's

current standard fonn to be used by a pro se litigant filing a civil action bearing the abovecaptioned civil action number. Patterson may use this fonn to prepare bis amended complaint.
6.

If Patterson fails to file an amended complaint in accordance with this Order, bis

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