Priovolos v. Department of Corrections et al

Filing 12

ORDER: In accord with the Memorandum 11 filed this date; 1. Priovolos amended complaint is DISMISSED without prejudice as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(i).12. The Clerk of Court shall close this case.3. Any appeal from this order will be deemed frivolous, without probable cause and not taken in good faith.Signed by Honorable Sylvia H. Rambo on 1/12/17. (ma)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA EARNEST PRIOVOLOS, Plaintiff vs. DEPARTMENT OF CORRECTIONS, et al., Defendants : : : : : : : : : : CIVIL NO. 1:16-CV-01999 (Judge Rambo) ORDER In accordance with the accompanying memorandum, IT IS HEREBY ORDERED THAT: 1. Priovolos’ amended complaint is DISMISSED without prejudice as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(i).1 2. The Clerk of Court shall close this case. 3. Any appeal from this order will be deemed 1. Although Priovolous is not presently a prison inmate, the standards in existence prior to the enactment of the Prison Litigation Reform Act apply and under those standards dismissal without prejudice is authorized because Priovolos’ action is frivolous and he is seeking to proceed with this action in forma pauperis. frivolous, without probable cause and not taken in good faith. s/Sylvia Rambo SYLVIA H. RAMBO United States District Judge Date: January 12, 2017 2

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