Simpson v. Luzerne County Correctional Facility

Filing 13

ORDER (memorandum filed previously as separate docket entry), Granting Applications to Proceed IFP; DISMISSING complaint w/o prejudice; If pltf can correct deficiencies of his claim, he may file a proposed amended complaint accompanied by a motion to reopen (due by 8/3/15); DENYING motion to appoint counsel ; the Clerk of Court is directed to CLOSE this case. Signed by Honorable James M. Munley on 7/17/15. (sm)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JOHN SIMPSON,
Plaintiff
v.
LUZERNE COUNTY
CORRECTIONAL FACILITY,

:
:
:
:
:
:
:
:
:

CIVIL NO. 3:15-CV-0989

(Judge Munley)

::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
ORDER
AND NOW, to wit, this 17th day of July 2015, in accordance with the court’s
memorandum of the same date, it is hereby ORDERED that:
1.

Plaintiff’s applications to proceed in forma pauperis (Docs. 2, 6, 9) are
construed as motions to proceed without full prepayment of fees and costs
and are GRANTED.

2.

Plaintiff’s complaint is hereby DISMISSED without prejudice pursuant to
28 U.S.C. §1915(e)(2)(B)(ii).

3.

If plaintiff can correct the deficiencies of his claim, he may FILE a
proposed amended complaint, accompanied by a motion to reopen, on or
before August 3, 2015.

4.

Any proposed amended complaint shall contain the same case number that
is already assigned to this action (3:15-CV-0989) and shall be direct,
concise, and shall stand alone without reference to any other document filed
in this matter. See FED. R. CIV. P. 8(e).

5.

Plaintiff’s motion (Doc. 11) to appoint counsel is DENIED.

6.

The Clerk of Court is directed to CLOSE this case.

BY THE COURT:

s/James M. Munley
JUDGE JAMES M. MUNLEY
United States District Court