TOLEDO v. PRIMECARE MEDICAL DIVISION

TOLEDO v. PRIMECARE MEDICAL DIVISION

Case Number:	5:2020cv03067
Filed:	July 2, 2020
Court:	US District Court for the Eastern District of Pennsylvania
Office:	Allentown Office
Nature of Suit:	Prisoner Petitions: Prison Condition
Cause of Action:	42 U.S.C. § 1983 Prisoner Civil Rights

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Date Filed	Document Text
July 2, 2020	Filing 6 ORDER THAT 1 LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED. CODY TOLEDO, #26503, 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; ETC. AS HEREIN. THE CLERK OF COURT SHALL SEND A COPY OF THIS ORDER TO THE WARDEN OF NORTHAMPTON COUNTY PRISON. THE COMPLAINT IS DEEMED FILED. THE COMPLAINT IS DISMISSED WITHOUT PREJUDICE FOR FAILURE TO STATE A CLAIM PURSUANT TO 28 U.S.C. § 1915(E)(2)(B)(II), FOR THE REASONS IN THE COURTS MEMORANDUM. TOLEDO IS GIVEN LEAVE TO AMEND WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER IN THE EVENT HE CAN STATE A PLAUSIBLE BASIS FOR A CLAIM AGAINST AN APPROPRIATE DEFENDANT; ETC. AS HEREIN. THE CLERK OF COURT IS DIRECTED TO FU RNISH TOLEDO WITH A BLANK COPY OF THIS COURTS CURRENT STANDARD FORM TO BE USED BY A PRISONER FILING A CIVIL RIGHTS ACTION BEARING THE ABOVE CAPTIONED CIVIL ACTION NUMBER. 8. IF TOLEDO DOES NOT WISH TO AMEND HIS COMPLAINT AND INSTEAD INTENDS TO STAND ON HIS COMPLAINT AS ORIGINALLY PLED, HE MAY FILE A NOTICE WITH THE COURT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER STATING THAT INTENT, AT WHICH TIME THE COURT WILL ISSUE A FINAL ORDER DISMISSING THE CASE; ETC. AS HEREIN. IF TOLEDO FAILS TO F ILE ANY RESPONSE TO THIS ORDER, THE COURT WILL CONCLUDE THAT TOLEDO INTENDS TO STAND ON HIS COMPLAINT AND WILL ISSUE A FINAL ORDER DISMISSING THIS CASE; ETC. AS HEREIN. SIGNED BY HONORABLE JOHN M. GALLAGHER ON 7/2/20. 7/2/20 ENTERED AND COPIES NOT MAILED TO PRO SE ALONG WITH A BLANK COPY OF THIS COURTS CURRENT STANDARD FORM TO BE USED BY A PRISONER FILING A CIVIL RIGHTS ACTION BEARING THE ABOVE CAPTIONED CIVIL ACTION NUMBER, AND NOT MAILED TO THE WARDEN OF NORTHAMPTON COUNTY PRISON.(mas, ) Modified on 7/2/2020 (mas, ).

Date Filed

Document Text

July 2, 2020

Filing 6 ORDER THAT 1 LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED. CODY TOLEDO, #26503, 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; ETC. AS HEREIN. THE CLERK OF COURT SHALL SEND A COPY OF THIS ORDER TO THE WARDEN OF NORTHAMPTON COUNTY PRISON. THE COMPLAINT IS DEEMED FILED. THE COMPLAINT IS DISMISSED WITHOUT PREJUDICE FOR FAILURE TO STATE A CLAIM PURSUANT TO 28 U.S.C. § 1915(E)(2)(B)(II), FOR THE REASONS IN THE COURTS MEMORANDUM. TOLEDO IS GIVEN LEAVE TO AMEND WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER IN THE EVENT HE CAN STATE A PLAUSIBLE BASIS FOR A CLAIM AGAINST AN APPROPRIATE DEFENDANT; ETC. AS HEREIN. THE CLERK OF COURT IS DIRECTED TO FU RNISH TOLEDO WITH A BLANK COPY OF THIS COURTS CURRENT STANDARD FORM TO BE USED BY A PRISONER FILING A CIVIL RIGHTS ACTION BEARING THE ABOVE CAPTIONED CIVIL ACTION NUMBER. 8. IF TOLEDO DOES NOT WISH TO AMEND HIS COMPLAINT AND INSTEAD INTENDS TO STAND ON HIS COMPLAINT AS ORIGINALLY PLED, HE MAY FILE A NOTICE WITH THE COURT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER STATING THAT INTENT, AT WHICH TIME THE COURT WILL ISSUE A FINAL ORDER DISMISSING THE CASE; ETC. AS HEREIN. IF TOLEDO FAILS TO F ILE ANY RESPONSE TO THIS ORDER, THE COURT WILL CONCLUDE THAT TOLEDO INTENDS TO STAND ON HIS COMPLAINT AND WILL ISSUE A FINAL ORDER DISMISSING THIS CASE; ETC. AS HEREIN. SIGNED BY HONORABLE JOHN M. GALLAGHER ON 7/2/20. 7/2/20 ENTERED AND COPIES NOT MAILED TO PRO SE ALONG WITH A BLANK COPY OF THIS COURTS CURRENT STANDARD FORM TO BE USED BY A PRISONER FILING A CIVIL RIGHTS ACTION BEARING THE ABOVE CAPTIONED CIVIL ACTION NUMBER, AND NOT MAILED TO THE WARDEN OF NORTHAMPTON COUNTY PRISON.(mas, ) Modified on 7/2/2020 (mas, ).

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