Yisrael v. State Police et al

Filing 7

ORDER (memorandum filed previously as separate docket entry), IT ISHEREBY ORDERED THAT:1. The Pennsylvania State Police, and Plaintiffsallegations concerning the validity of his pre-trialincarceration, are DISMISSED without prejudiceunder 28 U.S.C. & #167;§1915(e)(2)(B)(i) and 1915A.2. The Clerk of Court shall amend the docket sheet toreflect that the Pennsylvania State Police isTERMINATED as a Defendant.3. The Clerk of Court is specially appointed inaccordance with Fed. R. Civ. P. 4(c)(3) t o serve acopy of the Complaint (Doc. 1), Notice of Lawsuit andRequest to Waive Service of Summons (form AO398), Waiver of the Service of Summons (form AO399) and this Order on the remaining Defendants.4. The Clerk of Court shall serve the documents l isted inparagraph 3 on each remaining Defendant.5. If service is unable to be completed due to Plaintiffsfailure to properly name a Defendant, or provide anaccurate mailing address for the defendant, he will berequired to correct this deficiency. If Plaintiff fails tocomply, the Plaintiffs claims against that Defendant may be dismissed pursuant to Fed. R. Civ. P. 4(m).6. The Clerk of Court is directed to issue theAdministrative Order to the Warden directing theWarden to begin deducting money from the inmatesaccount in the manner described in the AdministrativeOrder. State Police (PAPSP 3700) terminated. Signed by Honorable Malachy E Mannion on 6/13/2016. (bg)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
ELEAZAR YISRAEL,

:
CIVIL ACTION NO. 3:16-572

Plaintiff,

:
(JUDGE MANNION)

v.

:

STATE POLICE, et al.,

:

Defendants

:
ORDER

For the reasons set forth in the Memorandum of this date, IT IS
HEREBY ORDERED THAT:
1.

The Pennsylvania State Police, and Plaintiff’s
allegations concerning the validity of his pre-trial
incarceration, are DISMISSED without prejudice
under 28 U.S.C. §§1915(e)(2)(B)(i) and 1915A .

2.

The Clerk of Court shall amend the docket sheet to
reflect that the Pennsylvania State Police is
TERMINATED as a Defendant.

3.

The Clerk of Court is specially appointed in
accordance with Fed. R. Civ. P. 4(c)(3) to serve a
copy of the Complaint (Doc. 1), Notice of Lawsuit and
Request to Waive Service of Summons (form AO
398), Waiver of the Service of Summons (form AO
399) and this Order on the remaining Defendants.

4.

The Clerk of Court shall serve the documents listed in
paragraph 3 on each remaining Defendant.

5.

If service is unable to be completed due to Plaintiff’s
failure to properly name a Defendant, or provide an
accurate mailing address for the defendant, he will be
required to correct this deficiency. If Plaintiff fails to
comply, the Plaintiff’s claims against that Defendant

may be dismissed pursuant to Fed. R. Civ. P. 4(m).
6.

The Clerk of Court is directed to issue the
Administrative Order to the Warden directing the
Warden to begin deducting money from the inmate’s
account in the manner described in the Administrative
Order.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Dated:

June 13, 2016

O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2016 MEMORANDA\16-0572-01-Order.wpd