Bower v. D. et al

Filing 11

ORDER (memorandum filed previously as separate docket entry), IT IS ORDERED THAT: 1. Plaintiffs motion 7 to proceed in forma pauperis, construed as a motion to proceed without full prepayment of the filing fee, is GRANTED;2. Plaintiffs claims for i njunctive relief are DENIED as moot and Plaintiff is not permitted leave to amend this claim, as any amendment would be futile;3. Plaintiffs Prison Rape Elimination Act (PREA), claim is DISMISSED with prejudice and Plaintiff is not permitted leave to amend this claim, as any amendment would be futile; 4. The remainder of Plaintiffs complaint 1 , is DISMISSED without prejudice for failure to comply with Federal Rule of Civil Procedure 8 and for failure to state a claim upon which relief may be g ranted pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii); Plaintiff is granted thirty (30) days from the date of this Order in which to file an amended complaint. If Plaintiff elects to file an amended complaint, Plaintiff is advised to adhere to the st andards 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...Signed by Honorable Yvette Kane on 3/15/18. SEE ORDER FOR COMPLETE DETAILS(rw)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
CHARLES BOWER,
Plaintiff

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v.
D. PRICE, et al.,
Defendants

No. 1:17-cv-01473
(Judge Kane)

ORDER
AND NOW, on this 15th day of March 2018, in accordance with the accompanying
Memorandum, IT IS ORDERED THAT:
1. Plaintiff’s motion to proceed in forma pauperis (Doc. No. 7), construed as a motion to
proceed without full prepayment of the filing fee, is GRANTED;
2. Plaintiff’s claims for injunctive relief are DENIED as moot and Plaintiff is not
permitted leave to amend this claim, as any amendment would be futile;
3. Plaintiff’s Prison Rape Elimination Act (“PREA”), claim is DISMISSED with
prejudice and Plaintiff is not permitted leave to amend this claim, as any amendment
would be futile;
4. The remainder of Plaintiff’s complaint (Doc. No. 1), is DISMISSED without
prejudice for failure to comply with Federal Rule of Civil Procedure 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);
5. Plaintiff is granted thirty (30) days from the date of this Order in which to file an
amended complaint. 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.
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6. Should Plaintiff fail to file an amended complaint within thirty (30) days of the date
hereof, the Court may dismiss this action for Plaintiff’s failure to prosecute per
Fed.R.Civ.P. 41(b).

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

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