Dickson v. USA, et al

Filing 14

ORDER (memorandum filed previously as separate docket entry) 1. Plaintiffs motion to proceed in forma pauperis (Doc. Nos. 5, 10) is construed as a motion for leave to proceed without full prepayment of the filing fee and GRANTED for purposes of filin g the complaint. 2. Plaintiffs complaint (Doc. Nos. 1, 2, 4) is DISMISSED for failure to state a claim upon which relief can be granted pursuant 28 U.S.C. § 1915(e)(2)(B)(ii) with leave to file an amended complaint as set forth below within thir ty (30) days of the date hereof. 3. The amended complaint should be complete in all respect without reference to the original complaint filed by Plaintiff. 4. The Clerk of Court shall send a form civil rights complaint to Plaintiff. Plaintiff may att ach continuation pagesand exhibits to the amended complaint. 5. Plaintiffs claims for injunctive relief and release from confinement and against the Bureau of Prisons, its Regional Counsels Office and Central Office and USP-Allenwood are DISMISSED wi thout leave to file an amended complaint. 6. If Plaintiff fails to file an amended complaint within thirty (30) days of the date hereof, the Clerk shall close this case without further order of court. 7. Plaintiffs motion for appointment of counsel (Doc. No. 12) is DENIED. 8. Plaintiffs so-called motion for leave to file excess pages (Doc. No. 3) is DENIED. (eo)

UNITED STATES DISTRICT COURT
FOR THE
MIDDLE DISTRICT OF PENNSYLVANIA
BRYAN KERR DICKSON,
Plaintiffs
vs.
UNITED STATES OF AMERICA,
et al.,
Defendants

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No. 1:16-cv-01490
(Judge Kane)

ORDER
In accordance with the accompanying memorandum, on this 16th
day of February 2017, IT IS HEREBY ORDERED THAT:
1.

Plaintiff’s motion to proceed in forma pauperis

(Doc. Nos. 5, 10) is construed as a motion for leave to proceed
without full prepayment of the filing fee and GRANTED for purposes
of filing the complaint.
2.

Plaintiff’s complaint (Doc. Nos. 1, 2, 4) is

DISMISSED for failure to state a claim upon which relief can be
granted pursuant 28 U.S.C. § 1915(e)(2)(B)(ii) with leave to file
an amended complaint as set forth below within thirty (30) days
of the date hereof.
3.

The amended complaint should be complete in all

respect without reference to the original complaint filed by
Plaintiff.
4.

The Clerk of Court shall send a form civil rights

complaint to Plaintiff. Plaintiff may attach continuation pages
and exhibits to the amended complaint.

5.

Plaintiff’s claims for injunctive relief and release

from confinement and against the Bureau of Prisons, its Regional
Counsel’s Office and Central Office and USP-Allenwood are
DISMISSED without leave to file an amended complaint.
6.

If Plaintiff fails to file an amended complaint

within thirty (30) days of the date hereof, the Clerk shall close
this case without further order of court.
7.

Plaintiff’s motion for appointment of counsel (Doc.

No. 12) is DENIED.
8.

Plaintiff’s so-called motion for leave to file

excess pages (Doc. No. 3) is DENIED.1

s/ Yvette Kane
Yvette Kane, District Judge
United States District Court
Middle District of Pennsylvania

1. This motion is moot in light of the court giving Plaintiff an
opportunity to file an amended complaint.
2