McCarthy v. Ebbert et al

Filing 9

ORDER: In accord with the accompanying Memorandum 8 ; 1) Pltf's mtn for ifp 5 is granted. 2) Pltf's claims 4 against Warden Ebbert are dismissed. 3) A 2nd Amended cmplnt is due by 5/15/17. 4) Clerk to forward (2) copies the court's civil rights com;oaint form. 5) Failure to file a 2nd amnd'd cmplnt will result in dismissal.Signed by Honorable William W. Caldwell on 4/24/17. (ma)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA JOHN J. McCARTHY, Plaintiff vs. WARDEN EBBERT, et al., Defendants : : : : : : : : : CIVIL NO. 1:CV-16-0331 (Judge Caldwell) ORDER And now, this 24th day of April, 2017, in accordance with the accompanying memorandum, it is ORDERED that: 1. Plaintiff’s motion for leave to proceed in forma pauperis (ECF No. 5) is construed as a motion to proceed without full prepayment of fees and costs, and is GRANTED. 2. Plaintiff’s claims against the sole named defendant, Warden Ebbert, are dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim for which relief can be granted. 3. Within twenty-one (21) days from the date of this order, Plaintiff may file a second amended complaint in this action in accordance with the foregoing Memorandum. 4. The Clerk of Court shall forward to Plaintiff two (2) copies of this Court’s prisoner civil-rights complaint form which Plaintiff shall use in preparing any second amended complaint he may file. 5. Failure to file a second amended complaint as directed within the required time will result in this action being dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for the reasons set forth in the accompanying Memorandum. /s/ William W. Caldwell William W. Caldwell United States District Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?