DIAZ v. FERGUSON et al
| RAUL DIAZ |
| TAMMY FERGUSON, JAMES MEINTEL, GEORGE ONDREJKA, THOMAS C. GRENEVICH and GARY OLINGER |
| 2:2018cv01996 |
| May 11, 2018 |
| US District Court for the Eastern District of Pennsylvania |
| Philadelphia Office |
| Montgomery |
| JEFFREY L. SCHMEHL |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
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ORDER THAT THE AMENDED COMPLAINT IS DISMISSED FOR THE REASONS STATED IN THE COURTS MEMORANDUM. DIAZS DUE PROCESS CLAIMS REGARDING THE REVOCATION OF HIS SINGLE-CELL STATUS AND HIS PLACEMENT IN THE RHU, AS WELL AS HIS CLAIMS REGARDING THE LOSS OF HIS P ROPERTY, ARE DISMISSED WITH PREJUDICE. ANY CLAIMS REGARDING VIOLATIONS OF HIS RIGHT TO ACCESS THE COURTS ARE DISMISSED WITHOUT PREJUDICE TO DIAZS RIGHT TO FILE A SECOND AMENDED COMPLAINT, AS SET FORTH BELOW; ETC. AS HEREIN. THE CLERK OF COURT IS DIRE CTED TO SEND DIAZ A BLANK FORM COMPLAINT TO BE USED BY A PRISONER FILING A CIVIL RIGHTS ACTION. THE CLERK OF COURT SHALL WRITE THE CIVIL ACTION NUMBER OF THIS CASE ON THE FORM. DIAZ MAY USE THIS FORM TO FILE HIS SECOND AMENDED COMPLAINT IF HE CHOOSES TO DO SO. IF DIAZ FAILS TO FILE A SECOND AMENDED COMPLAINT, HIS CASE MAY BE DISMISSED WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE WITHOUT FURTHER NOTICE; ETC. AS HEREIN. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 11/21/18. 11/21/18 ENTERED AND COPIES MAILED TO PRO SE ALONG WITH A BLANK FORM COMPLAINT USED BY A PRISONER FILING A CIVIL RIGHTS ACTION.(mas, )
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Filing
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ORDER THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED PURSUANT TO 28 U.S.C. § 1915(B). DIAZ, #AS-2274, SHALL PAY THE FULL FILING FEE OF $350.00 IN INSTALLMENTS, PURSUANT TO 28 U.S.C. § 1915(B). BASED ON THE FINANCIAL INFORMATION PRO VIDED BY DIAZ, AN INITIAL PARTIAL FILING FEE OF $9.46 IS ASSESSED; ETC. AS HEREIN. THE CLERK OF COURT IS DIRECTED TO SEND A COPY OF THIS ORDER TO THE SUPERINTENDENT OF SCI GRATERFORD. THE COMPLAINT IS DEEMED FILED. THE COMPLAINT IS DISMISSED WIT HOUT PREJUDICE FOR FAILURE TO STATE A CLAIM, PURSUANT TO 28 U.S.C. § 1915(E)(2)(B)(II) AND RULE 8 OF THE FEDERAL RULES OF CIVIL PROCEDURE, FOR THE REASONS SET FORTH IN THE COURTS MEMORANDUM. DIAZ IS GIVEN LEAVE TO FILE AN AMENDED COMPLAINT WITHI N THIRTY (30) DAYS OF THE DATE OF THIS ORDER IN THE EVENT THAT HE CAN CURE THE DEFECTS IDENTIFIED IN HIS INITIAL COMPLAINT; ETC. AS HEREIN. THE CLERK OF COURT IS DIRECTED TO SEND DIAZ A BLANK COPY OF THIS COURTS CURRENT FORM TO BE USED BY A PRISONER FILING A CIVIL RIGHTS ACTION BEARING THE ABOVE-CAPTIONED CIVIL ACTION NUMBER. IF DIAZ FAILS TO FILE AN AMENDED COMPLAINT, HIS CASE MAY BE DISMISSED FOR FAILURE TO PROSECUTE WITHOUT FURTHER NOTICE; ETC. AS HEREIN. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 6/12/18. 6/12/18 ENTERED AND COPIES MAILED TO PRO SE.(mas, )
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