Passarella v. Menapace et al

Filing 22

ORDER (memorandum filed previously as separate docket entry), GRANTING Application to Proceed IFP ; DISMISSING pltf's complaint w/o prejudice; DENYING pltf's motions to appoint counsel ; Clerk of Court is directed to CLOSE this case; any appeal from this order is deemed frivolous and not n good faith. Signed by Honorable James M. Munley on 09/05/18. (sm)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
WILLIAM J. PASSARELLA, Jr.,

:
CIVIL ACTION NO. 3:18-cv-0757
:
Plaintiff
:
(Judge Munley)
v.
:
:
NICK MENAPACE, et al.,
:
:
Defendants :
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
ORDER
AND NOW, to wit, this 5th day of September 2018, upon consideration of the
Plaintiff’s complaint (Doc. 1) and for the reasons stated in the Court’s Memorandum of
the same date, it is hereby ORDERED:
1.

Plaintiff’s motions (Doc. 2, 8) to proceed in forma pauperis are construed
as motions to proceed without prepayment of fees and are GRANTED.

2.

Plaintiff’s complaint (Doc. 1), is DISMISSED without prejudice pursuant
to 28 U.S.C. § 1915(e)(2)(B)(ii).

3.

Plaintiff’s motions (Docs. 6, 11, 19) for appointment of counsel are
DENIED as the complaint lacks arguable merit in fact and law. Tabron v.
Grace, 6 F.3d 147, 155-57 (3d Cir. 1993) (listing factors relevant to request
for counsel).

4.

The Clerk of Court is directed to CLOSE this case.

5.

Any appeal from this Order is DEEMED frivolous and not taken in good
faith. 28 U.S.C. § 1915(a)(3).
BY THE COURT:
s/James M. Munley
JUDGE JAMES M. MUNLEY
United States District Court