Aina v. Smith et al

Filing 9

ORDER (memorandum filed previously as separate docket entry)1. Plaintiffs motions (Docs. 2, 7) to proceed in forma pauperis are construedas motions to proceed without full prepayment of fees and costs and areGRANTED.2. Plaintiffs complaint (Docs. 1, 1-1, 1-2) is DISMISSED pursuant to 28U.S.C. § 1915(e)(2)(B)(ii).3. The Clerk of Court is directed to CLOSE this case.4. Plaintiff may file, on or before March 22, 2018, a proposed amendedcomplaint concerning the alleged incident that took place on October 15,2015.5. The proposed amended complaint shall be accompanied by a motionto reopen the case and contain the same case number that is alreadyassigned to this action, 1:17-cv-2270.6. The proposed amended complaint shall be direct, concise, and shallstand alone without reference to any other document filed in thismatter or any other civil matter. See FED. R. CIV. P. 8(d)(1).7. Plaintiff is strictly cautioned that the inclusion of separate, unrelatedclaims or additional defendants will be considered a failure to complywith an order of court and will result a denial of the motion to reopenand the striking of the proposed amended complaint. See FED. R. CIV.P.20(a)(2). (eo)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ANDRE YANICK AINA,
Plaintiff,
v.
WARDEN RICHARD C. SMITH,
et al.,
Defendants.

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1:17-cv-2270
Hon. John E. Jones III

ORDER
March 9, 2018
NOW THEREFORE, upon consideration of Plaintiff’s Complaint (Docs. 1,
1-1, 1-2), and in accordance with the Court’s Memorandum of the same date, it is
hereby ORDERED that:
1.

Plaintiff’s motions (Docs. 2, 7) to proceed in forma pauperis are construed
as motions to proceed without full prepayment of fees and costs and are
GRANTED.

2.

Plaintiff’s complaint (Docs. 1, 1-1, 1-2) 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.

Plaintiff may file, on or before March 22, 2018, a proposed amended
complaint concerning the alleged incident that took place on October 15,
2015.

5.

The proposed amended complaint shall be accompanied by a motion
to reopen the case and contain the same case number that is already
assigned to this action, 1:17-cv-2270.

6.

The proposed amended complaint shall be direct, concise, and shall
stand alone without reference to any other document filed in this
matter or any other civil matter. See FED. R. CIV. P. 8(d)(1).

7.

Plaintiff is strictly cautioned that the inclusion of separate, unrelated
claims or additional defendants will be considered a failure to comply
with an order of court and will result a denial of the motion to reopen
and the striking of the proposed amended complaint. See FED. R. CIV.
P. 20(a)(2).

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