RUSSELL v. HAHMANAM HOSPITAL et al
| JAMES RUSSELL |
| HAHMANAM HOSPITAL and JOHN TRAS |
| 2:2018cv00364 |
| January 29, 2018 |
| US District Court for the Eastern District of Pennsylvania |
| Philadelphia Office |
| Philadelphia |
| EDWARD G. SMITH |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
5
ORDER THAT THE APPLICATION TO PROCEED IN FORMA PAUPERIS (DOC. NO. 1 ) IS GRANTED AND THE PLAINTIFF HAS LEAVE TO PROCEED IN FORMA PAUPERIS; THE CLERK OF COURT IS DIRECTED TO SEND A COPY OF THIS ORDER TO THE WARDEN OF THE PHILADELPHIA INDUSTRIAL CORRE CTIONAL CENTER; THE COMPLAINT IS DISMISSED WITHOUT PREJUDICE UNDER 28 U.S.C. § 1915(E). ANY FEDERAL CLAIMS BROUGHT PURSUANT TO 42 U.S.C. § 1983 ARE DISMISSED FOR THE FAILURE TO STATE A CLAIM UNDER 28 U.S.C. § 1915(E)(2)(B)(II). THE PLA INTIFFS STATE LAW MALPRACTICE CLAIM IS DISMISSED WITHOUT PREJUDICE TO THE PLAINTIFF REFILING IT IN STATE COURT, OR FILING AN AMENDED COMPLAINT IN THIS ACTION WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER IN THE EVENT THAT HE CAN STATE A CLAIM WIT HIN THIS COURTS SUBJECT-MATTER JURISDICTION. ANY AMENDED COMPLAINT MUST IDENTIFY ALL DEFENDANTS IN THE CAPTION AND CLEARLY STATE THE BASIS FOR THE PLAINTIFFS CLAIMS AGAINST EACH DEFENDANT. IN ADDITION, THE PLAINTIFF MUST INCLUDE THE NECESSARY ALLEGAT IONS CONCERNING THE PARTIES CITIZENSHIP AS EXPLAINED IN THE SEPARATELY FILED MEMORANDUM OPINION. IF THE PLAINTIFF FILES AN AMENDED COMPLAINT, THE CLERK OF COURT SHALL NOT MAKE SERVICE UNTIL SO ORDERED BY THIS COURT; AND IF THE PLAINTIFF FAILS TO TIME LY FILE AN AMENDED COMPLAINT IN ACCORDANCE WITH THIS ORDER, THE COURT MAY DISMISS THE CASE FOR FAILURE TO PROSECUTE WITHOUT FURTHER NOTICE TO HIM; ETC. AS HEREIN. SIGNED BY HONORABLE EDWARD G. SMITH ON 3/12/18. 3/12/18 ENTERED AND COPIES MAILED TO PRO SE.(mas, )
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