Negron v. Bickell et al

Filing 116

ORDER DISMISSING claims against deft Riscigno, directing Clrk of Ct to CLOSE case, & noting any appeal from this order is DEEMED frivolous & not in good faith. (See order for complete details.)Signed by Chief Judge Christopher C. Conner on 5/8/17. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
NATHANAEL NEGRON,
Plaintiff
v.
TABB BICKELL, et al.,
et al.,
Defendants

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CIVIL NO. 1:13-CV-1568
(Chief Judge Conner)

ORDER
AND NOW, this 8th day of May, 2017, upon consideration of the court’s
memorandum and order (Docs. 111, 112) dated April 13, 2017, granting defendant
Riscigno’s motion (Docs. 76) to dismiss the complaint, affording plaintiff the
opportunity to amend the complaint against defendant Riscigno only, and
forewarning him that failure to file a properly supported amended complaint would
result in dismissal of all claims against defendant Riscigno without further notice of
court, and upon further consideration of plaintiff’s failure to file a proposed
amended complaint, it is clear that plaintiff has failed to comply with the court
order (Doc. 112), or adhere to the standards set forth therein, and that because
plaintiff refuses to comply with the court order, this action is subject to dismissal,
see Bricker v. Harlow, 2009 WL 1743905, at *1, 3 (M.D. Pa. 2009) (noting that pro se
litigants are not free to ignore the Federal Rules of Civil Procedure and dismissing
the action because plaintiff failed to comply with the court’s orders); Iseley v.

Bitner, 216 F. App’x 252, 255 (3d Cir. 2007) (finding that dismissal by the court on its
own initiative is warranted where plaintiff fails to comply with court orders
directing adherence to rules governing joinder of parties and claims), it is hereby
ORDERED that:
1.

The claims against defendant Riscigno are DISMISSED.

2.

The Clerk of Court is directed to CLOSE this case.

3.

Any appeal from this order is DEEMED frivolous and not in good faith.
See 28 U.S.C. § 1915(a)(3).

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania

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