McCarthy v. Ebbert

Filing 9

ORDER (memorandum filed previously as separate docket entry).1) Petitioner's motion for leave to Proceed IFP is DENIED as moot as he has paid the filing fee...6) Petitioner's motion for order to show cause seeking service of his petition is DENIED as moot. See order for further details.Signed by Honorable William W. Caldwell on 8/1/16. (aaa)

UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF PENNSYLVANIA
JOHN J. McCARTHY,
Petitioner
vs.
WARDEN EBBERT,
Respondent

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CIVIL NO. 1:CV-15-2086

(Judge Caldwell)

ORDER
AND NOW, this 1st day of August, 2016, based on the accompanying
memorandum, it is ordered that:
1. Petitioner’s Motion for Leave to Proceed In Forma
Pauperis (Doc. 2) is DENIED as Moot as he has paid the filing
fee in this matter.
2. Petitioner’s conditions-of-confinement claims against
Counselor Reese are dismissed without prejudice to assert the
claims in a properly filed Bivens action.
3. The Clerk of Court is directed to serve a copy of the
Petition (Doc. 1) on the Warden of USP-Lewisburg and the
United States Attorney.
4. Within twenty-one (21) days of the date of this Order, the
United States Attorney shall answer the petition.
5. Petitioner may, if he so desires, file a reply within fourteen
(14) days after the answer is filed.
6. Petitioner’s Motion for Order to Show Cause (Doc. 6)
seeking service of his petition is DENIED as moot.
/s/ William W. Caldwell
William W. Caldwell
United States District Judge