SCHLICHTING v. NORFOLK SOUTHERN RAILROAD et al

Filing 3

ORDER THE APPLICATION TO PROCEED IN FORMA PAUPERIS (DOC. NO. 1) IS GRANTED AND THE PLAINTIFF HAS LEAVE TO PROCEED IN FORMA PAUPERIS; 2. THE COMPLAINT IS DISMISSED WITHOUT PREJUDICE FOR THE FAILURE TO STATE A CLAIM UNDER 28 U.S.C. § 1915(E) (2)(B)(II); 3. THE CLERK OF COURT SHALL PROVIDE THE PLAINTIFF WITH A COPY OF THE FORM CIVIL COMPLAINT FOR EMPLOYMENT DISCRIMINATION THAT IS AVAILABLE ON THE COURT'S WEBSITE; 4. THE PLAINTIFF HAS LEAVE TO FILE AN AMENDED COMPLAINT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER. UPON THE FILING OF AN AMENDED COMPLAINT, THE CLERK OF COURT SHALL NOT MAKE SERVICE UNTIL SO ORDERED BY THE COURT. IF THE PLAINTIFF FAILS TO FILE AN AMENDED COMPLAINT, THE COURT MAY DISMISS HIS CASE WITHOUT FURTHER NOTICE TO HIM. SIGNED BY HONORABLE EDWARD G. SMITH ON 7/7/15. 7/7/15 ENTERED AND COPIES MAILED TO PRO SE, UNREPS.(er, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA KEITH S. SCHLICHTING, : : : : : : : : : : : Plaintiff, v. NORFOLK SOUTHERN RAILROAD, GARY SIPES, ROBERT FRANK, GEORGE GRESS, and JEFF BERGER, Defendants. CIVIL ACTION NO. 15-2851 ORDER AND NOW, this 7th day of July, 2015, the pro se plaintiff, Keith S. Schlichting, having filed an application to proceed in forma pauperis and a complaint on May 18, 2015, see Doc. No. 1; and the court having reviewed the application and the complaint as required under 28 U.S.C. § 1915; and for the reasons set forth in the accompanying memorandum opinion, it is hereby ORDERED as follows: 1. The application to proceed in forma pauperis (Doc. No. 1) is GRANTED and the plaintiff has leave to proceed in forma pauperis; 2. The complaint is DISMISSED WITHOUT PREJUDICE for the failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii); 3. The clerk of court shall provide the plaintiff with a copy of the form civil complaint for employment discrimination that is available on the court’s website; 1 4. The plaintiff has leave to file an amended complaint within thirty (30) days of the date of this order. Upon the filing of an amended complaint, the clerk of court shall not make 1 The form shall include the accompanying instructions. service until so ordered by the court. If the plaintiff fails to file an amended complaint, the court may dismiss his case without further notice to him. BY THE COURT: /s/ Edward G. Smith, J. EDWARD G. SMITH, J. 2

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