Robinson v. Wheary et al

Filing 15

ORDER: In accord with the accompanying Memorandum; 1. Pltf's mtn to proceed IFP 2 is Granted. 2. Dfts' mtn to dismiss 10 is Granted. 3. Pltf's complaint is Dismissed for failure to to state a claim. Amended complaint to be filed by 6/16/17. 4. If pltf fails to file amended complaint w/i 30 days, clerk shall close this case without further order of court. Signed by Honorable Sylvia H. Rambo on 5/17/17. (ma)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA JASON ROBINSON, Plaintiff vs. BRIAN WHEARY, et al., Defendants : : : : : : : : : NO. 1:16-CV-02222 (Judge Rambo) ORDER AND NOW, THEREFORE, this ___ day of May, 2017, in accordance with the accompanying memorandum, IT IS ORDERED THAT: 1. Plaintiff’s motion to proceed in forma pauperis (Doc. No. 2) is construed as a motion to proceed without full prepayment of the filing fee and is GRANTED; 2. Defendants’ motion to dismiss (Doc. No. 10) is Granted as set forth below; 3. Plaintiff’s complaint is DISMISSED for failure to comply with Fed. R. Civ. P. 8 and 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 thirty (30) days of the date hereof; 4. The Amended complaint should be complete in all respect without reference to the original complaint filed by Plaintiff; and 5. 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. Date: May 17, 2017 S/Sylvia H. Rambo United States District Judge

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