James v. Oddo et al

Filing 17

ORDER (memorandum filed previously as separate docket entry), GRANTING 12 MOTION for Leave to Proceed in forma pauperis ; DENYING 11 MOTION to Appoint Counsel /extension of time 9 ; Clerk of Court is direicted to CLOSE this case; any appeal from this order is deemed frivoous and not in good faith.Signed by Honorable James M. Munley on 2/6/17. (sm)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
TYWAN JAMES,

:
CIVIL NO. 3:16-CV-2417
:
Plaintiff
:
(Judge Munley)
:
v.
:
:
WARDEN ODDO, et al.,
:
:
Defendants :
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
ORDER
AND NOW, to wit, this 6th day of February 2017, upon consideration of Plaintiff’s
complaint, and for the reasons set forth in the Court’s Memorandum of the same date, it is
hereby ORDERED that:
1.

Plaintiff's motion (Doc. 12) to proceed in forma pauperis is GRANTED.

2.

The complaint (Doc. 1) is DISMISSED pursuant to 28 U.S.C. § 1915(e)
(2)(B)(ii).

3.

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

4.

Plaintiff’s motion (Doc. 9) for an extension of time to file a brief in support
of his motion to appoint counsel is DENIED as moot.

5.

The Clerk of Court is directed to CLOSE this case.

6.

Any appeal from this order is DEEMED frivolous and not in good faith.
See 28 U.S.C. § 1915(a)(3).

BY THE COURT:
s/James M. Munley
JUDGE JAMES M. MUNLEY
United States District Court