MILLER v. DOYLE & HOEFS LLC et al

Filing 5

ORDER THAT UPON CONSIDERATION OF PLAINTIFF DIONDRA MILLERS MOTION TO PROCEED IN FORMA PAUPERIS #1 , AND COMPLAINT #2 , IT IS ORDERED THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED PURSUANT TO 28 U.S.C. 1915. THE COMPLAINT IS DEEMED FILED. FOR THE REASONS STATED IN THE COURTS MEMORANDUM, THE COMPLAINT IS DISMISSED. ALL CLAIMS UNDER THE FAIR DEBT COLLECTION PRACTICES ACT ARE DISMISSED WITH PREJUDICE FOR FAILURE TO STATE A CLAIM PURSUANT TO 28 U.S.C 1915(E)(2)(B)(II). ALL STATE LAW CLAIMS ARE DISMISSED WITHOUT PREJUDICE FOR LACK OF SUBJECT MATTER JURISDICTION. THE CLERK OF COURT IS DIRECTED TO CLOSE THIS CASE. SIGNED BY HONORABLE CHAD F. KENNEY ON 2/7/24. 2/7/24 ENTERED AND COPIES E-MAILED.(bw)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DIONDRA MILLER,
Plaintiff,
v.
DOYLE & HOEFS LLC, et al.,
Defendants.

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CIVIL ACTION NO. 23-CV-4924

ORDER
AND NOW, this 7th day of February 2024, upon consideration of Plaintiff Diondra
Miller’s Motion to Proceed In Forma Pauperis (ECF No. 1), and Complaint (ECF No. 2), it is
ORDERED that:
1.

Leave to proceed in forma pauperis is GRANTED pursuant to 28 U.S.C. § 1915.

2.

The Complaint is DEEMED filed.

3.

For the reasons stated in the Court’s Memorandum, the Complaint is

DISMISSED. All claims under the Fair Debt Collection Practices Act are DISMISSED WITH
PREJUDICE for failure to state a claim pursuant to 28 U.S.C § 1915(e)(2)(B)(ii). All state law
claims are DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction.
4.

The Clerk of Court is DIRECTED to CLOSE this case.
BY THE COURT:
/s/ Chad F. Kenney
CHAD F. KENNEY, J.