Almuhsin v. Warden of Dauphin C.P.

Filing 9

ORDER (memorandum filed previously as separate docket entry) - IT IS ORDERED that: 1)Pltf's mtn to proceed IFP is GRANTED. 2 2)Pltf's complt is DISMISSED as it relates to the Warden of DCP and inmate Raton with leave to file amdcmpt within 90 days. 3)W/ respect to the excessive force claims, Pltf is granted 90 days to identify the John Doe correctional officers and file an amdcmp. Signed by Honorable Yvette Kane on 3/18/16. SEE ORDER. (sc)

UNITED STATES DISTRICT COURT
FOR THE
MIDDLE DISTRICT OF PENNSYLVANIA
AYYUB ALMUHSIN,
Plaintiff
vs.
WARDEN OF DAUPHIN COUNTY
PRISON, et al.,
Defendants

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No. 1:16-CV-00365
(Judge Kane)

ORDER
In accordance with the accompanying memorandum, IT IS
HEREBY ORDERED THAT:
1.

Plaintiff’s motion to proceed in forma pauperis

(Doc. 2) is construed as a motion to proceed without full
prepayment of the filing fee and is GRANTED.
2.

Plaintiff’s complaint is DISMISSED as it relates to

the Warden of the Dauphin County Prison and inmate Raton and as it
relates to the failure to protect claims leveled against the
unidentified/John Doe correctional officers for failure to state a
claim upon which relief may be granted pursuant to 28 U.S.C. §
1915(e)(2)(B)(ii) with leave to file an amended complaint,
consistent with the background of this order, within ninety (90)
days of the date hereof.
3.

With respect to the excessive force claims,

Plaintiff is granted ninety (90) days to identify the John Doe
correctional officers and file an amended complaint.

4.

If Plaintiff fails to file an amended complaint

within ninety (90) days of the date hereof, the claims against the
John Doe correctional officers will be dismissed and the Court
will direct the Clerk of Court to CLOSE this case.

S/ Yvette Kane
Yvette Kane
United States District Judge
Date: March 18, 2016

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