BANKS v. NYPD et al

Filing 7

MEMORANDUM ORDER denying 1 and 2 Motions for Leave to Proceed in forma pauperis and adopting the 3 Report and Recommendation of Judge Lenihan as the opinion of the Court. Further that plaintiff FREDERICK BANK may submit motion to reopen case with filing fee or required certification statement. Further that Kenneth Posner may not join in this lawsuit but must file separate civil action. The Clerk shall mark this case CLOSED. Signed by Judge David S. Cercone on 2/9/15. (njt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
FREDERICK BANKS, et al.,
Plaintiffs,

v.

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Civil Action No. 2: 15-cv-54
Judge David Stewart Cercone
Magistrate Judge Lisa Pupa Lenihan

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NYPD, eta/.,
Defendants.

ECF Nos. 1, 2 & 3

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MEMORANDUM ORDER
Plaintiff commenced this civil action on January 14, 2015 by hand-delivering to
the Clerk's Office his Motion for Leave to Proceed in forma pauperis (ECF No. 1) on
Form AO 240 (Rev. 7/10) Application to Proceed in District Court Without Prepaying
Fees or Costs, along with a copy of the complaint and attachments thereto, and a civil
cover sheet. At that same time, Mr. Banks also submitted for filing a Motion for Leave
to Proceed in forma pauperis (ECF No. 2) on Form AO 240 for Plaintiff, Kenneth
Posner.

The case was referred to United States Magistrate Judge Lisa Pupa Lenihan

for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C.
§636(b)(1), and Local Rules of Court 72.C and 72.D.
The Magistrate Judge's Report and Recommendation (ECF No. 3), filed on
January 16, 2015, recommended that the Motions for Leave to Proceed In Forma

Pauperis filed by Frederick Banks (ECF No. 1) and Kenneth Posner (ECF No. 2) be
denied. Service of the Report and Recommendation was made via First Class Mail on

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Frederick Banks at his address of record, P.O. Box 295, Pittsburgh, PA 15203, and on
Kenneth Posner at his address of record, 47 Wyland Drive, Verona, NJ 07044-2330.
Plaintiffs were informed that in accordance with the Magistrate Judges Act, 28 U.S.C. §
636(b)(1 )(B) and (C), and Rule 72.0.2 of the Local Rules of Court, that they had
fourteen (14) days to file any objections.

Plaintiff Frederick Banks filed timely

Objections to the Report and Recommendation (ECF No.4) on January 27, 2015. The
deadline for filing objections was February 2, 2015; Plaintiff Posner has not filed any
objections to date.
Therefore, after a de novo review of the motions for leave to proceed in forma
pauperis and attachments thereto, together with the Report and Recommendation and

objections thereto, the following Order is entered:

q'f!.
AND NOW, this _L_ day of February, 2015,

IT IS HEREBY ORDERED that the Motions for Leave to Proceed In Forma
Pauperis filed by Plaintiff Frederick Banks (ECF No. 1) and Plaintiff Kenneth Posner

(ECF No. 2) are DENIED, and the Clerk of Court is directed to mark this case CLOSED.
IT IS FURTHER ORDERED that if Plaintiff Frederick Banks wishes to continue to
pursue this civil action, he must file a motion to reopen the case and submit either the
required certification statement or the $400 filing fee.

In the event that Mr. Banks

decides to proceed with this case by either submitting the required certification
statement or paying the $400 filing fee, the Court strongly urges him to revise his
complaint to take into consideration the infirmities noted in the Magistrate Judge's
Report and Recommendation (ECF No. 3).

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IT IS FURTHER ORDERED that Kenneth Posner may not join in the lawsuit filed
at Case No. 2: 15-cv-54 with Frederick Banks, but must file a separate civil action
setting forth his claims with sufficient facts to show entitlement to the relief he is
requesting.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 3)
of Magistrate Judge Lenihan, dated January 16, 2015, is adopted as the opinion of the
Court.
BY THE COURT:

DAVID STEWART CERCONE
United States District Judge
cc:

Frederick Banks
P.O. Box 295
Pittsburgh, PA 15230
Via First Class Mail
Kenneth Posner
47 Wyland Drive
Verona, NJ 07044-2330
Via First Class Mail

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