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)

IN THE UNITED STATES DISTRICT COURT
FOR THE
MIDDLE DISTRICT OF PENNSYLVANIA
JASON ROBINSON,
Plaintiff
vs.
BRIAN WHEARY, et al.,
Defendants

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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