SIMPSON v. OWNER OF DOLLAR TREE STORE et al
| CHALMERS A. SIMPSON |
| OWNER OF DOLLAR TREE STORE, DOLLAR TREE STORE, SUE SINGLETON, PARKSBURG POLICE DEPT., AMBER L. SMITH, ALAN MANNING, COATESVILLE POLICE DEPT., COATESVILLE POLICE OFFICERS, MACELROY, JOHN DOE OFFICER "WHITE", JOHN DOE HEAVIER OFFICER "BLACK" and JOHN DOE OFFICER |
| 2:2009cv06162 |
| December 28, 2009 |
| US District Court for the Eastern District of Pennsylvania |
| Philadelphia Office |
| Philadelphia |
| JOHN R. PADOVA |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Filing
23
ORDER AS FOLLOWS: PLFF'S MOTION TO AMEND COMPLAINT IS DISMISSED AS FRIVOLOUS. PLFF'S MOTION TO FILE AMENDED COMPLAINT IS NOT A MOTION, BUT IS ACTUALLY PLFF'S AMENDED COMPLAINT. PLFF'S CLAIMS FOR MALICIOUS PROSECUTION IN VIOLATION OF THE FOURTH AND FOURTEENTH AMENDMENTS AND FOR VIOLATION OF ARTICLE I, SECTION 8 OF THE PA CONSTITUTION ARE DISMISSED PURSUANT TO 28 U.S.C. SEC. 1915A. POLICE OFFICER MCCARTHY IS SUBSTITUTED FOR POLICE OFFICER MACELROY AS A DEFT IN THIS ACTION. POLI CE OFFICER COOPER IS SUBSTITUTED FOR JOHN DOE OFFICER AS A DEFT IN THIS ACTION. THE CLERK SHALL AMEND THR CAPTION OF THIS ACTION TO REFLECT THE SUBSTITUTION OF POLICE OFFICER MCCARTHY FOR POLICE OFFICER MACELROY AND THE SUBSTITUTION OF POLICE OFFICER COOPER FOR JOHN DOE OFFICER. SIGNED BY HONORABLE JOHN R. PADOVA ON 1/19/11. 1/20/11 ENTERED AND COPIES MAILED TO PRO SE.(fb)
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Filing
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ORDER AS FOLLOWS: PLFF'S "MOTION TO PROCEED WITH ACTION AND PAY FILING FEES" IS GRANTED. PLFF MAY PROCEED WITH THIS ACTION IN FORMA PAUPERIS. THE CLERK SHALL RESTORE THIS CASE TO THE ACTIVE DOCKET. THE CLAIMS ASSERTED IN THE COMPLAINT AGAINST THE OWNER OF THE DOLLAR TREE STORE AND THE DOLLAR TREE STORE, SUE SINGLETON, THE PARKSBURG POLICE DEPARTMENT, THE COATSVILLE POLICE DEPARTMENT, POLICE OFFICER AMBER SMITH, POLICE OFFICER ALAN MANNING, "JOHN DOE OFFICER WHITE," AND "JOHN DOE HEAVIER OFFICER BLACK" ARE DISMISSED WITH PREJUDICE IN THEIR ENTIRETY PURSUANT TO 28 U.S.C. SEC. 1915A AND 28 U.S.C. SEC. 1915(e) AND THESE DEFTS ARE DISMISSED AS DEFTS IN THIS ACTION. THE CLAIMS ASSERTED AGAINST POLICE OFFICER MAC ELROY AMD "JOHN DOE OFFICER" ARE DISMISSED WITHOUT PREJUDICE TO PLFF FILING AN AMENDED COMPLAINT THAT ALLEGES FACTS SUFFICIENT TO SUPPORT ALL OF THE ELEMENTS OF CLAIMS UNDER 42 U.S.C. SEC. 1983 AGAINST THESE TWO DEFTS FOR FALSE ARREST, FALS E IMPRISONMENT, AND MALICIOUS PROSECUTION IN VIOLATION OF THE FOURTH AND FOURTEENTH AMENDMENTS IN CONNECTION WITH PLFF'S 5/21/09 ARREST FOR RETAIL THEFT. PLFF MAY FILE ONE AMENDED COMPLAINT, WHICH MUST BE MAILED NO LATER THAN 9/20/10, ETC.. SIGNED BY HONORABLE JOHN R. PADOVA ON 8/23/10. 8/25/10 ENTERED AND COPIES MAILED TO PRO SE.(fb)
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Filing
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MEMORANDUM AND ORDER THAT: THE PETITION IS DENIED WITHOUT PREJUDICE TO ITS REASSERTION IN ACCORDANCE WITH THE TERMS OF THIS ORDER; IF PLFF FILES WITH THE COURT WITHIN 20 DAYS FROM THE DATE OF THIS ORDER A NOTICE THAT HE WISHES TO PROCEED WITH THIS ACTION AND THEREBY OBLIGATE HIMSELF TO PAY THE $350 FILING FEE, THIS ACTION WILL BE REINSTATED; AND THIS CASE SHALL REMAIN CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE JOHN R. PADOVA ON 1/22/10. 1/25/10 ENTERED AND COPIES MAILED.(fb)
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