Weller v. Franklin County Jail et al

Filing 11

ORDER: In accord with the accompanying Memorandum 10 ; 1. Pltfs mtn to proceed ifp 6 , is GRANTED;2. Pltfs mtn to appoint counsel 5 , is DENIED without prejudice;3. Pltfs complaint 1 , is DISMISSED for failure to state a claim upon which relief m ay be granted pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) and for failure to comply with Fed. R. Civ. P. 8(a);4. Pltff is permitted to file an amended complaint within (20) days from the date hereof and in accordance with the accompanying Memorandum; and5. If Pltf fails to file an amended complaint within (20) days from the date hereof, the Court will dismiss this action for failure to prosecute pursuant to FRCP 41(b). Signed by Honorable Sylvia H. Rambo on 4/16/18. (ma)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA RONALD L. WELLER, Plaintiff : : : v. : : FRANKLIN COUNTY JAIL et al., : Defendants : No. 1:18-cv-00655 (Judge Rambo) ORDER AND NOW, on this 16th day of April 2018, in accordance with the accompanying Memorandum, IT IS ORDERED THAT: 1. Plaintiff’s motion to proceed in forma pauperis (Doc. No. 6), construed as a motion to proceed without the full prepayment of the filing fee, is GRANTED; 2. Plaintiff’s motion to appoint counsel (Doc. No. 5), is DENIED without prejudice; 3. Plaintiff’s complaint (Doc. No. 1), is DISMISSED for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) and for failure to comply with Fed. R. Civ. P. 8(a); 4. Plaintiff is permitted to file an amended complaint within twenty (20) days from the date hereof and in accordance with the accompanying Memorandum; and 5. If Plaintiff fails to file an amended complaint within twenty (20) days from the date hereof, the Court will dismiss this action for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). s/Sylvia H. Rambo SYLVIA H. RAMBO United States District Judge

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