Reichart v. Luzerne County Facility's Medical Department et al

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATIONS; Pltf's cmpl. dismissed w/o prej.; pltf shall have 21 days to file amd. cmp. ORDER REFERRING CASE to Magistrate Judge Karoline Mehalchick; ; adopting 17 Report and Recommendations.Signed by Honorable Malachy E Mannion on 9/28/16. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
KENNETH REICHART,
Plaintiff
v
LUZERNE COUNTY FACILITY’S
MEDICAL DEPARTMENT, et al.
Defendants

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CIVIL ACTION NO. 3:16-0131

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(JUDGE MANNION)

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ORDER

The civil rights complaint filed by the individual identified above had been
received without a filing fee or the proper forms required to proceed in forma
pauperis in a civil rights case.1
Accordingly, an Administrative Order was issued on January 26, 2016,
indicating that this action may not proceed unless the Plaintiff, within thirty (30)
days of the date of this Order, either: (1) tendered to the “Clerk, U.S. District
Court” payment in the amount of $400.00, which represents a statutory filing
fee in the amount of $350.00 and a $50.00 Administrative Fee2 or (2) filed a
proper application to proceed in forma pauperis and an Authorization form.
The application to proceed in forma pauperis and the Authorization form were
enclosed. The plaintiff was also advised that failure to comply with the terms
1.
Although plaintiff filed an Application to Proceed in forma pauperis (Doc.
2), this is not the form used by this Court and he failed to submit an
Authorization form.
2.
As of May 1, 2013, plaintiffs who submit the $350.00 statutory filing fee in
full will also be assessed a $50.00 administrative fee. The $50.00 filing fee
does not apply to persons granted in forma pauperis status under 28
U.S.C. §1915. Therefore, if an in forma pauperis status is granted, the
plaintiff will be responsible to pay $350.00. However, if an in forma
pauperis status is denied, the plaintiff will be required to pay $400.00.

of this Order, within thirty (30) days, would cause his case to be dismissed
without prejudice. (Doc. 4).
Plaintiff subsequently filed the proper application to proceed in forma
pauperis, (Doc. 5), however, plaintiff failed to submit the completed and signed
Authorization form.
To proceed on the side of caution, on April 7, 2016, a second fourteen
(14) day Administrative Order issued giving the plaintiff a second and final
opportunity to comply with the Court’s initial Administrative Order. The plaintiff
was informed that he had an additional fourteen (14) days to return a
completed and signed Authorization form. A second Authorization form was
attached to this order. (Doc. 9).
On April 25, 2016, plaintiff again submitted a requested for his motion to
proceed in forma pauperis be granted, however, the required Authorization
form was not attached. (Doc. 10).
To date the Plaintiff has neither made the appropriate submissions, nor
has he requested an additional extension of time in which to pay the filing fee
or to submit the required financial forms.
IN LIGHT OF THE FOREGOING, IT IS HEREBY ORDERED THAT this
action is dismissed without prejudice, and the Clerk of Court shall close this
file.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Date: April 26, 2016
O:\Mannion\shared\ORDERS - DJ\CIVIL ORDERS\2016 ORDERS\16-0131-01.wpd

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