BANKS v. HORNAK et al

Filing 13

ORDER. For the reasons stated in the Memorandum Order filed herewith, Petitioner's Motion for Leave to Proceed in Forma Pauperis (Doc. 1 ) is DENIED, and this action is dismissed without prejudice to Plaintiff's right to reopen it by payi ng the full $400.00 filing fee. The Report and Recommendation of the Magistrate Judge, dated December 17, 2015, hereby is adopted as the Opinion of the District Court. IT IS SO ORDERED. Signed by Judge Cathy Bissoon on 1/11/16. (rld) Staff Note: A copy of the Memorandum Order was mailed to Petitioner at his address of record via First-Class U.S. Mail.

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

FREDERICK BANKS,

Petitioner,
v.
JUDGE MARK HORNAK, et. al,

Respondents.

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Civil Action No. 15-1385
Judge Cathy Bissoon
Magistrate Lisa Pupo Lenihan

MEMORANDUM ORDER
This case was referred to United States Magistrate Judge Lisa Pupo Lenihan for pretrial
proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(l)(A) and (B), and
Local Rule of Civil Procedure 72.
On December 17, 2015, the Magistrate Judge issued a Report (Doc. 11) recommending
that Frederick Banks’s (“Plaintiff”) Motion for Leave to Proceed in Forma Pauperis be dismissed
pursuant to the screening provisions of 28 U.S.C. § 1915(e) and as in violation of Judge Nora
Barry Fischer’s Court Order in Civil Action No. 13-1198 (Doc. 10). Service of the Report and
Recommendation was made on the parties, and no objections have been filed.
After a review of the pleadings and documents in the case, together with the Report and
Recommendation, the following Order is entered:
Petitioner’s Motion for Leave to Proceed in Forma Pauperis (Doc. 1) is DENIED, and
this action is dismissed without prejudice to Plaintiff's right to reopen it by paying the full
$400.00 filing fee. The Report and Recommendation of the Magistrate Judge, dated December
17, 2015, hereby is adopted as the Opinion of the District Court.

IT IS SO ORDERED.

January 11, 2016

s\Cathy Bissoon
Cathy Bissoon
United States District Judge

cc (via ECF email notification):
All counsel of record
cc (via First-Class U.S. Mail):
FREDERICK BANKS
# 120759
950 2nd Ave.
Pittsburgh, PA 15219

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