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)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JOHN J. McCARTHY,
Plaintiff
vs.
WARDEN EBBERT, et al.,
Defendants

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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