MCKENNA v. MIGNELLA et al
OPINION/ORDER THAT PLAINTIFF'S "STATEMENT" (DOC. #9) IS VIEWED AS AN AMENDED APPLICATION TO PROCEED IN FORMA PAUPERIS IN RESPONSE TO THE COURT'S PRIOR ORDER, AND THAT APPLICATION IS GRANTED. PLAINTIFF'S COMPLAINT IS DISMISSE D WITHOUT PREJUDICE, AND PLAINTIFF IS GIVEN LEAVE TO FILE AN AMENDED COMPLAINT WITHIN 60 DAYS OF THE DATE OF THIS ORDER. PLAINTIFF'S REQUEST FOR ENTRY OF DEFAULT (DOC. #10) AND MOTION FOR DEFAULT JUDGMENT (DOC. #11) ARE DENIED. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 7/7/16. 7/8/16 ENTERED AND COPIES MAILED TO PRO SE'. (ky, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MATTHEW D. MCKENNA,
ANTHONY J. MIGNELLA, et al.
AND NOW, this 7th day of July, 2016, upon a review of the docket and
consideration of Plaintiff’s filings, and for the reasons set forth in the accompanying
memorandum opinion, it is hereby ORDERED as follows:
1. Plaintiff’s “Statement” (Doc. #9) is viewed as an amended application to
proceed in forma pauperis in response to the Court’s prior order, and that
application is GRANTED.
2. Plaintiff’s complaint is DISMISSED WITHOUT PREJUDICE for
failure to state a claim, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), and for
the other reasons stated in the accompanying memorandum opinion.
3. Plaintiff is given leave to file an amended complaint within 60 days of
the date of this order. If Plaintiff files an amended complaint, he should
state as clearly as possible what his legal causes of action are; he should
also provide some indication that those causes of action are not barred by
the applicable statutes of limitation.
4. If Plaintiff files an amended complaint, summonses shall not issue and
service shall not be made until ordered by the Court. If and when the
Court orders service, it will be made by the U.S. Marshals Service.
5. Plaintiff’s request for entry of default (Doc. #10) and motion for default
judgment (Doc. #11) are DENIED. No defendant shall have an obligation
to respond unless and until Plaintiff files an amended complaint and the
Court orders it to be served.
BY THE COURT:
/s/ Jeffrey L. Schmehl
Jeffrey L. Schmehl, J.
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