ALLEY v. DPW et al

Filing 3

ORDER THAT THE APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS IS GRANTED; 2. THE COMPLAINT IS DISMISSED WITHOUT PREJUDICE FOR FAILURE TO STATE A CLAIM UNDER 28 U.S.C. § 1915(E)(2)(B)(II); AND 3. THE PLAINTIFF HAS LEAVE TO FILE AN AMENDED COMPLAINT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER. SIGNED BY HONORABLE EDWARD G. SMITH ON 8/4/14. 8/4/14 ENTERED AND COPIES MAILED, TO UNREPS.(er, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MICHAEL J. ALLEY,

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Plaintiff,
v.
DPW and WERNERSVILLE STATE
HOSP.,
Defendant.

CIVIL ACTION NO. 14-3821

ORDER
AND NOW, this 4th day of August, 2014, after considering the Application to Proceed
in District Court Without Prepaying Fees or Costs (Doc. No. 1) and the complaint (Doc. No. 1-2)
filed by the plaintiff pro se, Michael J. Alley, and for the reasons set forth in the accompanying
memorandum opinion, it is hereby ORDERED as follows:
1.

The Application to Proceed in District Court Without Prepaying Fees or Costs is

GRANTED;
2.

The complaint is DISMISSED WITHOUT PREJUDICE for failure to state a

claim under 28 U.S.C. § 1915(e)(2)(B)(ii); and
3.

The plaintiff has leave to file an amended complaint within thirty (30) days of the

date of this order.

BY THE COURT:

/s/ Edward G. Smith
EDWARD G. SMITH, J.