HOLLIDAY v. PRIME CARE MEDICAL et al

Filing 6

MEMORANDUM AND ORDER THAT THE COMPLAINT IS DISMISSED WITHOUT PREJUDICE FOR LACK OF SUBJECT MATTER JURISDICTION FOR THE REASONS SET FORTH IN THE COURT'S MEMORANDUM. IT IS FURTHER ORDERED THAT THE APPLICATION TO PROCEED IN FORMA PAUPERIS 1 IS DISMISSED AS MOOT. THE CLERK OF COURT SHALL CLOSE THIS CASE. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 2/16/21. 2/16/21 ENTERED. NOT MAILED TO PRO SE PLAINTIFF. (fdc)

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Case 5:21-cv-00314-CMR Document 6 Filed 02/16/21 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MICHAEL HOLLIDAY, Plaintiff, v. PRIME CARE MEDICAL, et al., Defendants. : : : : : : : CIVIL ACTION NO. 21-CV-0314 ORDER AND NOW, this 16th day of February 2021, upon consideration of Plaintiff’s pro se Complaint (ECF No. 2), it is ORDERED that the Complaint is DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction for the reasons set forth in the Court’s Memorandum. The dismissal is without prejudice to Holliday proceeding in Holliday v. PrimeCare Medical, et al., No. 19-4564 (E.D. Pa.) as set forth in the Court’s Memorandum and in accordance with Federal Rule of Civil Procedure 15, or to proceeding in the appropriate state court. It is further ORDERED that the Application to Proceed In Forma Pauperis (ECF No. 1) is DISMISSED AS MOOT. The Clerk of Court shall CLOSE this case. It is so ORDERED. BY THE COURT: /s/ Cynthia M. Rufe ______________________ CYNTHIA M. RUFE, J.

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