BANKS v. PIVNICHNY et al
Filing
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MEMORANDUM ORDER denying 1 Motion for Leave to Proceed in forma pauperis; adopting 2 Report and Recommendation of Magistrate Judge Lenihan as the opinion of the Court; and directing the Clerk to mark this case CLOSED. Signed by Judge David S. Cercone on 6/24/15. (njt)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
FREDERICK BANKS,
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Plaintiff,
v.
TIMOTHY PIVNICHNY, eta/.,
Defendants.
Judge David Stewart Cercone
Magistrate Judge Lisa Pupa Lenihan
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ECF No.1
Civil Action No. 2:15-cv-700
MEMORANDUM ORDER
Plaintiff commenced this civil action on May 29, 2015 by filing a 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 Civil Cover Sheet. 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. 2), filed on June
2, 2015, recommended that Plaintiff's Motion for Leave to Proceed In Forma Pauperis
be denied. Service of the Report and Recommendation was made via First Class Mail
on Frederick Banks at his address of record, U.S. Steel Tower, 600 Grant Street, Suite
660, Pittsburgh, PA
15219.
Plaintiff was informed that in accordance with the
Magistrate Judges Act, 28 U.S.C. § 636(b)(1)(B) and (C), and Rule 72.D.2 of the Local
Rules of Court, that he had fourteen (14) days to file any objections. Plaintiff has not
filed any Objections to the Report and Recommendation (ECF No. 2) as of this date.
Therefore, after a de novo review of the motion for leave to proceed in forma
pauperis and attachments thereto, together with the Report and Recommendation, the
following Order is entered: ~
AND NOW, this
J!L
,_
day of June, 2015,
IT IS HEREBY ORDERED that the Motion for Leave to Proceed In Forma
Pauperis filed by Plaintiff Frederick Banks (ECF No. 1) is 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.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 2)
of Magistrate Judge Lenihan, dated June 2, 2015, is adopted as the opinion of the
Court.
DAVID STEWART CERCONE
United States District Judge
cc:
Frederick Banks
U.S. Steel Tower
600 Grant Street
Suite 660
Pittsburgh, PA 15219
Via First Class Mail
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