POWELL v. HARRY et al
| ANDY RYAN POWELL |
| BRITANY HUNER, JOSEPH TERRA, TAMMY FERGUSON and DR. LAURA HARRY |
| 2:2024cv04239 |
| August 15, 2024 |
| U.S. District Court for the Eastern District of Pennsylvania |
| MICHAEL M BAYLSON |
| Prisoner Petitions: Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Filing 6
ORDERED THAT: 1. LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED PURSUANT TO 28 U.S.C. 1915. 2. ANDY RYAN POWELL, #QJ-2876, SHALL PAY THE FULL FILING FEE OF $350 IN INSTALLMENTS, PURSUANT TO 28 U.S.C. 1915(B), REGARDLESS OF THE OUTCOME OF THIS CASE. 3. THE CLERK OF COURT IS DIRECTED TO SEND A COPY OF THIS ORDER TO THE SUPERINTENDENT OF SCI PHOENIX. 4. THE COMPLAINT IS DEEMED FILED. 5. THE COMPLAINT IS DISMISSED IN PART WITH PREJUDICE AND DISMISSED IN PART WITHOUT PREJUDICE FOR FAILURE TO STATE A CLAIM PURSUANT TO 28 U.S.C. 1915(E)(2)(B)(II) FOR THE REASONS STATED IN THE COURTS MEMORANDUM, AS FOLLOWS: A. THE OFFICIAL CAPACITY CLAIMS ARE DISMISSED WITH PREJUDICE. B. THE BALANCE OF THE COMPLAINT IS DISMISSED WITHOUT PREJUDICE. 6. POWELL MAY FILE AN AMENDED COMPLAINT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER. UPON THE FILING OF AN AMENDED COMPLAINT, THE CLERK SHALL NOT MAKE SERVICE UNTIL SO ORDERED BY THE COURT. 7. THE CLERK OF COURT IS DIRECTED TO SEND POWELL A BLANK COPY OF THE COURTS FORM COMPLAINT FOR A PRISONER FILING A CIVIL RIGHTS ACTION BEARING THE ABOVE CIVIL ACTION NUMBER. POWELL MAY USE THIS FORM TO FILE HIS AMENDED COMPLAINT IF HE CHOOSES TO DO SO. ETC.. SIGNED BY DISTRICT JUDGE MICHAEL M. BAYLSON ON 10/10/2024. 10/10/2024 ENTERED AND COPIES MAILED TO PRO SE WITH BLANK PRISONER COMPLAINT.EMAILED TO SUPERINTENDENT OF SCI PHOENIX.(sg)
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| Filing 5 MEMORANDUM AND/OR OPINION. SIGNED BY DISTRICT JUDGE MICHAEL M. BAYLSON ON 10/10/2024. 10/10/2024 ENTERED AND COPIES MAILED TO PRO SE.(sg) |
| Filing 4 PRO SE NOTICE RE:GUIDELINES. MAILED TO PRO SE ON 8/16/2024.(ahf) |
| Filing 3 Prisoner Trust Fund Account Statement by ANDY RYAN POWELL. (ahf) |
| Filing 2 COMPLAINT against TAMMY FERGUSON, LAURA HARRY, BRITANY HUNER, JOSEPH TERRA, filed by ANDY RYAN POWELL. (IFP PENDING). (Attachments: #1 Exhibits)(ahf) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis filed by ANDY RYAN POWELL.(ahf) |
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