QADR v. OVERMYER et al

Filing 6

ORDER re 4 Motion for Preliminary Injunction filed by NUR QADR, 5 Motion to Appoint Counsel filed by NUR QADR. It is ordered that because the case is closed due to Plaintiff's failure to correct, as previously ordered, deficiencies in his IFP application, no action will be taken on the Motion for Preliminary Injunction or on the Motion to Appoint Counsel. Plaintiff may reopen the case by either paying the filing fee or by properly filling out an IFP application and the Authorizat ion Form by September 17, 2014 or the case will be dismissed with prejudice for failure to prosecute. Signed by Magistrate Judge Maureen P. Kelly on 8/19/2014. A copy of the Order together with enclosures and this Notice of Electronic Filing are being sent to Plaintiff via first class mail at his address of record in two different envelopes, one being addressed under the name of "Nur Qadr" and the second being addressed under the name of "Jeffrey Pratt." (tmr)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
NUR QADR,

)
)
)
vs.
)
)
MR. MICHEAL OVERMYER
)
SUPERINTENDENT; MR.
)
OBERLANDER DEPUTY SUPT;
)
DEPUTY HORTON DEPUTY FACILITY )
MR. DOMBROSKI ACTING
)
CORRECTIONS CLASSIFICATION
)
PROGRAM MANAGER; MR. WILLIAM )
COLE CORRECTIONS CLASSIFICATION )
PROGRAM MANAGER; MS. C.
)
KENNEDY GRIEVANCE
)
COORDINATOR; MS. SEIGAL
)
GRIEVANCE COORDINATOR; JOHN
)
DOE FOOD SERVICE MANAGER; MR. )
MCQUOWN FACILITY CHAPLAIN
)
PROGRAM DIRECTOR; JOHN/JANE
)
DOE CORRECTIONS HEALTHCARE
)
ADMINISTRATOR; MS. SMITH, RN
)
INFECTIOUS NURSE; DOCTOR
)
HAVEWOOD HEALTHCARE PROVIDER,)
Defendants. )
Plaintiff,

Civil Action No. 14-123E
Magistrate Judge Maureen P. Kelly

ORDER
Plaintiff submitted a Motion to Proceed In Forma Pauperis (the “IFP Motion”), ECF. No.
1, along with a civil rights Complaint on April 23, 2014. However, the IFP Motion was
deficient. Accordingly, on May 12, 2014, the Court ordered Plaintiff to correct the deficiency
and ordered that the Clerk close the case until the deficiency was corrected. ECF No. 2. The
order was sent to Plaintiff at his address of record under the name of “Nur Qadr” and Inmate
Number BC-8580. The envelope containing the Order was returned to the Court with a notation
that the inmate name and inmate number did not correspond. On June 25, 2014, the Court resent

the Order under the name of “Jeffrey Pratt” and Inmate Number BC-8580. That envelope was
not returned to the Court. Notwithstanding that Plaintiff never corrected the deficiency, and the
case remains closed, on August 12, 2014, Plaintiff filed a “Mandatory Injunction.” ECF No. 4.
On August 18, 2014, Plaintiff filed a Motion for Appointment of Counsel. ECF No. 5. Because
the case is closed and Plaintiff never rectified the deficiency, no action will be taken on either the
Mandatory Injunction or the Motion for Appointment of Counsel.
IT IS FURTHER ORDERED that the Plaintiff may reopen the case by paying the
$400.00 filing fee or submitting another motion to proceed in forma pauperis along with a
certified copy of the inmate account statement for the preceding six (6) months and also an
authorization form which is to be completed before returning to the Court. Plaintiff must do so
by September 17, 2014 or the case will be dismissed with prejudice for failure to prosecute.
In accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rule 72.C.2 of
the Local Rules of Court, the parties are allowed fourteen (14) days from the date of this Order to
file an appeal to the District Judge which includes the basis for objection to this Order. Any
appeal is to be submitted to the Clerk of Court, United States District Court, 700 Grant Street,
Room 3110, Pittsburgh, PA 15219. Failure to file a timely appeal will constitute a waiver of any
appellate rights.
BY THE COURT:
/s/Maureen P. Kelly
MAUREEN P. KELLY
UNITED STATES MAGISTRATE JUDGE
Enclosures: IFP Motion and Authorization form
cc:

Nur Qadr
BC-8580
SCI Forest
P.O. Box 945

Marienville, PA 16239
Jeffrey Pratt
BC-8580
SCI Forest
P.O. Box 945
Marienville, PA 16239