HOWELL v. VAMC SALISBURY et al
THOMAS RAY HOWELL |
VAMC SALISBURY and VAMC ASHEVILLE |
1:2012cv01233 |
November 16, 2012 |
US District Court for the Middle District of North Carolina |
NCMD Office |
Randolph |
Personal Inj. Med. Malpractice |
28 U.S.C. ยง 1402 Medical Malpractice |
None |
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Filing 4 MEMORANDUM OPINION AND ORDER signed by MAG/JUDGE L. PATRICK AULD on 11/21/2012; that Plaintiff's instant Application for Leave to Proceed In Forma Pauperis (Docket Entry 1 ) is DENIED WITHOUT PREJUDICE. FURTHER that, on or before March 15, 2013, Plaintiff shall file an amended complaint (bearing the case number for this case) that sets forth adequate factual allegations to permit the review required by Section 1915(e)(2) and that satisfies the substantiv e requirements of Section 1A-1, Rule 9(j), along with a properly-completed, amended pauper application (or the requisite filing fee). By permitting such action, the Court expresses no opinion on whether any such amended complaint would survive a cha llenge predicated on the timing requirements associated with Section 1A-1, Rule 9(j). Failure by Plaintiff to file an amended complaint, along with a properly-completed, amended pauper application (or the requisite filing fee) by March 15, 201 3, may result in dismissal of this action without further notice. FURTHER that, in lieu of or in addition to filing any amended complaint in this case, Plaintiff may commence a new action by filing a complaint (without the case number for this case) that sets forth adequate factual allegations to permit the review required by Section 1915(e) (2) and that satisfies the substantive requirements of Section 1A-1, Rule 9(j), along with a properly-completed pauper application (or the requisite filing fee). By permitting such action, the Court expresses no opinion on whether any such new action would fail on statute of limitations grounds. (Garland, Leah) |
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