NGUYEN v. HOLDING ACQUISITION CO. LP

Filing 6

ORDER denying 1 Motion for Leave to Proceed in forma pauperis and adopting e 2 Report and Recommendation of Chief Magistrate Judge Kelly. Plaintiff is ordered to pay entire filing fee by 6/1/18. Failure to pay the filing fee by 6/1/18 will result in dismissal of this action. Signed by Judge David S. Cercone on 5/14/18. (njt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
HONG M. NGUYEN,
Plaintiff,
v.
HOLDING ACQUISITION CO. LP doing
business as RIVER CASINO,
Defendant.

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Civil Action No. 18-156
Judge David Stewart Cercone /
Chief Magistrate Judge Maureen P. Kelly

Re: ECF No. 1

ORDER

Hong Manh Nguyen (“Plaintiff”) filed a Motion for Leave to Proceed In Forma
Pauperis (the “IFP Motion”) in order to prosecute a civil complaint against “Holding Acquisition
Co. LP” doing business as Rivers Casino, a gaming establishment in Pittsburgh, Pennsylvania.
ECF No. 1.
The case was referred to Chief Magistrate Judge Maureen Kelly in accordance
with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Local Civil Rules 72.C and D.
Chief Magistrate Judge Kelly’s Report and Recommendation (the “Report”), ECF
No. 2, filed on February 12, 2018, recommending that the IFP Motion be denied because
Plaintiff failed to carry his burden to show entitlement to proceed IFP given that he had spent
more than $4000.00 on gambling in the ten days preceding the filing of this case. Service of the
Report was made upon Plaintiff at his address of record. Plaintiff was informed that he could file
Objections to the Report by March 1, 2018. Plaintiff filed Objections. ECF No. 4.
In the Objections, Plaintiff does not deny that he spent over $4000.00 in gambling
within 10 days prior to filing the instant suit. He claims only that “[a]ll my credit card [sic] now

was lock.” Id. at 1. Nothing in the Objections convinces this Court that Plaintiff does not have
the means to pay the filing fee for the instant suit.
Accordingly, after de novo review of the pleadings and the documents in the case,
together with the Report and Recommendation, the following order is entered:
AND NOW, this 14th day of May, 2018;
IT IS HEREBY ORDERED that the Motion for Leave to Proceed in Forma
Pauperis is DENIED. Plaintiff is ORDERED to pay the entire filing fee of $400.00 by June 1,
2018. Plaintiff is warned that failure to pay the entire filing fee by June 1, 2018, will result in the
dismissal of this civil action for failure to prosecute without further warning.

s/ DAVID STEWART CERCONE
David Stewart Cercrone
Senior United States District Judge

cc:

The Honorable Maureen P. Kelly
Chief United States Magistrate Judge
Hong M. Nguyen
355 Moon Clinton Road #10
Moon Twp, PA 15108
(Via First Class Mail)
Mariah L. Passarelli, Esquire
(Via CM/ECF Electronic Mail)

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