Simmons v. Beard et al

Filing 21

ORDER 1.Plaintiffs motions to proceed in forma pauperis (Doc. Nos. 2 and 12) are GRANTED only for the purpose of filing the complaint.2.The complaint is DISMISSED, as frivolous, pursuant to 28 U.S.C. §1915(e)(2)(B)(I).3.Plaintiffs motion for app ointment of counsel (Doc. No. 4) is DISMISSED as moot. 4The Clerk of Court is directed to CLOSE this case.5.Any appeal from this order will be deemed frivolous, not taken in good faith and lacking probable cause. Signed by Honorable Malachy E Mannion on 5/16/13. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
BLONDELL SIMMONS,

:

Plaintiff

:
CIVIL ACTION NO. 3:13-0254

v.

:
(JUDGE MANNION)

JEFFREY A. BEARD, et al.,

:

Defendants

:
ORDER

AND NOW, THIS 16th DAY OF MAY, 2013, for the reasons set forth in
the Memorandum of this date, IT IS HEREBY ORDERED THAT:
1.

Plaintiff’s motions to proceed in forma pauperis (Doc.
Nos. 2 and 12) are GRANTED only for the purpose of
filing the complaint.

2.

The complaint is DISMISSED, as frivolous, pursuant
to 28 U.S.C. §1915(e)(2)(B)(I).

3.

Plaintiff’s motion for appointment of counsel (Doc. No.
4) is DISMISSED as moot.

4

The Clerk of Court is directed to CLOSE this case.

5.

Any appeal from this order will be deemed frivolous,
not taken in good faith and lacking probable cause.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
O:\Mannion\shared\MEMORANDA - DJ\2013 MEMORANDA\13-0254-01-ORDER.wpd