Easley v. Tritt et al

Filing 9

ORDER: In accord with the accompanying Memorandum 8 ; 1. Pltf's mtn for lv to proceed ifp 3 is Granted. 2. Pltf's mtn for apptmnt of cnsl 1 is Denied. 3. Pltf's cmplnt is Dismissed inpart. 4. Pltf granted lv to file an amended cmplnt within 30 days of this order. 5. Court will defer service of the cmplnt for 30 days. See order for further details. Amended Pleadings due by 7/31/2017.Signed by Honorable Sylvia H. Rambo on 6/30/17. (ma)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT COURT OF PENNSYLVANIA
____________________________________
WAREN EASLEY,
:
:
Plaintiff
:
:
v.
:
:
BRENDA TRITT, et al.
:
:
:
Defendants.
:
______________________________

No. 1:17-CV-00930
(Judge Rambo)

ORDER
AND NOW, THEREFORE, this 30th day of June, 2017, in accordance with
the accompanying memorandum, IT IS ORDERED THAT:
1. Plaintiff’s motion to proceed in forma pauperis (Doc. No. 3) is construed
as a motion to proceed without full prepayment of the filing fee and is
GRANTED;
2. Plaintiff’s motion for appointment of counsel (Doc. No. 1) is DENIED
without prejudice;
3. Plaintiff’s complaint is DISMISSED in part 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 this
Order and Memorandum, within thirty (30) days of the date hereof;
4. Plaintiff is granted leave to file an amended complaint within thirty (30)
days from the date hereof. If Plaintiff elects to file an amended

complaint, Plaintiff is advised to adhere to the standards set forth in the
Federal Rules of Civil Procedure and the directives set forth by this Court
in its accompanying Memorandum. Specifically, the amended complaint
must be complete in all respects. It must be a new pleading which stands
by itself without reference to the original complaint or any other
documents already filed. The amended complaint should set forth
Plaintiff’s claims in short, concise and plain statements as required by
Rule 8 of the Federal Rules of Civil Procedure. Each paragraph should
be numbered. The amended complaint should specify which actions are
alleged as to which defendants and sufficiently allege personal
involvement of the defendant in the acts which Plaintiff claims violated
his rights. Mere conclusory allegations will not set forth cognizable
claims. Importantly, should Plaintiff elect to file an amended complaint,
he must re-plead every cause of action in the amended complaint that the
Court has found to be adequately pled in the current complaint because
the amended complaint will supersede the original complaint. See
Knight v. Wapinsky, No. 12-CV-2023, 2013 WL 786339, at *3 (M.D.
Pa. March. 1, 2013) (stating that an amended complaint supersedes the
original complaint). Because an amended complaint supersedes the

original pleading, all causes of action alleged in the original complaint
which are not alleged in an amended complaint are waived. Id. (citations
omitted); and
5. The Court will defer service of the complaint for thirty (30) days. If
Plaintiff files an amended complaint, it will supersede the original
complaint as set forth above. If Plaintiff fails to file an amended
complaint within thirty (30) days of the date hereof, the Court will direct
service of the original complaint on the remaining Defendants.

s/Sylvia H. Rambo

SYLVIA H. RAMBO
United States District Judge