McCarty v. McGinley et al

Filing 7

ORDER (memorandum filed previously as separate docket entry) 1. Plaintiffs motion (Doc. 2) to proceed in forma pauperis is construed as a motion to proceed without full prepayment of fees and costs and is GRANTED. 2. Plaintiffs complaint (Doc. 1) is DISMISSED pursuant to 28 U.S.C. §1915(e)(2)(B)(ii). 3. The Clerk of Court is directed to CLOSE this case. 4. Any appeal from this order is DEEMED frivolous and not in good faith. See 28 U.S.C. § 1915(a)(3).(eo)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
TERRY MCCARTY,
Plaintiff,

:
:
1:17-cv-2186
:
v.
:
Hon. John E. Jones III
:
WARDEN TOM MCGINLEY, C.
:
HEDRAY,
:
Defendants.
:
ORDER
December 1, 2017
NOW THEREFORE, upon consideration of Plaintiff’s Complaint (Doc. 1),
and in accordance with the Court’s Memorandum of the same date, it is hereby
ORDERED that:
1.

Plaintiff’s motion (Doc. 2) to proceed in forma pauperis is construed
as a motion to proceed without full prepayment of fees and costs and
is GRANTED.

2.

Plaintiff’s complaint (Doc. 1) is DISMISSED pursuant to 28 U.S.C.
§1915(e)(2)(B)(ii).

3.

The Clerk of Court is directed to CLOSE this case.

4.

Any appeal from this order is DEEMED frivolous and not in good
faith. See 28 U.S.C. § 1915(a)(3).

s/ John E. Jones III
John E. Jones III
United States District Judge