Bower v. Zalno et al

Filing 18

ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED THAT: 1. Bowers motion for leave to proceed in forma pauperis (Doc. No. 6) in Civil No. 1:16-CV-02048 is construed as a motion to proceed without full prepayment of t he filing fee and GRANTED. 2. Bowers complaint (Doc. No. 1) in Civil No. 1:16-CV-02048 is DISMISSED for failure to state a claim with leave to file an amended complaint within 30 days of the date of thisOrder. Bowers motion for leave to file an amend ed complaint (Doc. No. 14) in Civil No. 1:16-CV-02048 is DEEMED MOOT. The prior case Bower v. Rey, et al., 1:16-CV-00537 is consolidated into Bower v. Zalno, et al., 1:16-CV-02048.Signed by Honorable Yvette Kane on 12/16/16. SEE MEMORANDUM AND ORDER. (sc)

UNITED STATES DISTRICT COURT
FOR THE
MIDDLE DISTRICT OF PENNSYLVANIA
CHARLES BOWER,
Plaintiff
vs.
J. REY, et al.,
Defendants

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No. 1:16-CV-00537
(Judge Kane)

----------------------------------------------------------------CHARLES BOWER,
Plaintiff
vs.
BETH ZALNO, et al.,
Defendants

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No. 1:16-CV-02048
(Judge Kane)

ORDER
In accordance with the accompanying memorandum, on this
16th day of December 2016, IT IS HEREBY ORDERED THAT:
1. Bower’s

motion for leave to proceed in forma

pauperis (Doc. No. 6) in Civil No. 1:16-CV-02048 is construed as a
motion to proceed without full prepayment of the filing fee and
GRANTED.
2. Bower’s complaint (Doc. No. 1) in Civil No. 1:16-CV02048 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 within 30 days of the date of this
Order.

The amended complaint must be complete in all respects.

It must be a new pleading which stands by itself without reference
to the complaint or the other documents already filed.

Such

amended complaint should set forth his claims in short, concise
and plain statements.

It should specify which actions are alleged

as to which defendants.

If Bower fails to file an amended

complaint within the time set forth above, the case will be closed
by the Clerk of Court without further order of court.
3.

Bower’s motion for leave to file an amended

complaint (Doc. No. 14) in Civil No. 1:16-CV-02048 is DEEMED MOOT.
4.

The prior case Bower v. Rey, et al., 1:16-CV-00537,

is consolidated into Bower v. Zalno, et al., 1:16-CV-02048, and
the Clerk of Court directed to CLOSE the prior case, Civil No.
1:16-CV-00537, and terminate any pending motions in that case.
4.

The Clerk of Court is directed to file a copy of

this order in both cases, Civil No. 1:16-CV-00537 and Civil No.
1:16-CV-02048.

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

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