Hohmann v. Commonwealth Of Pennsylvania et al

Filing 11

ORDER DISMISSING action w/out prejudice for failure to pay filing fee or submit proper app to proceed IFP, CONSTRUING petition for writ of mandamus 9 as request to proceed w/out paying requisite filing fee & DENYING same, & directing Clrk of Ct to CLOSE case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 1/5/16. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
EMIL CONOR HOHMANN,
Plaintiff
v.
COMMONWEALTH OF
PENNSYLVANIA, JUDGE
JOSEPH S. LINDSEY, DISTRICT
ATTORNEY ED MARSICO,
LOWER PAXTON TOWNSHIP
OFFICER SCOTT STAR,
Defendants

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CIVIL NO. 1:15-CV-2194
(Chief Judge Conner)

ORDER
AND NOW, this 5th day of January, 2016, upon consideration of pro se
plaintiff’s failure to pay the statutory filing fee or submit a proper application to
proceed in forma pauperis within the specified time period, see (Doc. 3,
Administrative Order) (warning that failure to submit the filing fee or proper
application to proceed in forma pauperis within a specified time period would result
in dismissal of this action), and it appearing that plaintiff refuses to comply with the
terms of the Administrative Order, and that plaintiff clearly has no intention of
paying the filing fee or submitting a proper application to proceed in forma
pauperis, as evidenced by his recent filings, see (Docs. 4, 5, 6, 7, Writ of Error
Objecting & Dismissing Order for Payment and Change of Filing, Affidavit, Writ of
Mandamus, Addendum) (collectively challenging, inter alia, the court’s authority to

impose filing fees, and arguing that filing fees in general are unconstitutional), and
upon further consideration of plaintiff’s petition (Doc. 9) for writ of mandamus,
wherein plaintiff “demand[s] a court order to compel the clerk to file plaintiff[’]s
case at no charge” (Id. at p. 4), and the court concluding that plaintiff’s petition for
writ of mandamus is properly construed as a request to proceed without paying the
filing fee, it is hereby ORDERED that:
1.

The above-captioned action is DISMISSED without prejudice for
failure to pay the filing fee or submit a proper application to proceed in
forma pauperis.

2.

The petition (Doc. 9) for writ of mandamus is CONSTRUED as a
request to proceed without paying the requisite filing fee and is
DENIED as so construed.

3.

The Clerk of Court is directed to CLOSE this case.

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