Sears v. McCoy et al
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|Date Filed||#||Document Text|
|September 12, 2017
ORDER (memorandum filed previously as separate docket entry),IT IS ORDERED THAT:1. Plaintiffs motion 2 to proceed in forma pauperis is construed as a motion to proceed without full prepayment of the filing fee and is GRANTED; 2. All claims set fort h against Defendants Peters, Eveland, Carpentier, Sciochitana, and Varner are DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) without leave to file an amended complaint, as the Court finds that such amendment would be futile. The Clerk of Court shall terminate these Defendants from this action; 3. Plaintiffs verbal abuse claim against Defendant McCoy is DISMISSED WITH PREJUDICE; 4. Defendants Baumbach and Luscavage are DISMISSED WITHOUT PREJUDICE and Plaintiff is granted thirty (30) days leave to amend in accordance with the accompanying Memorandum; 5. Plaintiff is granted leave to file an amended complaint within thirty (30) days from the date of this Order...6. The Court will defer service of the complaint for thir ty (30) days. If Plaintiff files an amended complaint, it will supersede the original complaint as set forth above. If Plaintiff fails to file an amended complaint within thirty (30) days of the date hereof, the Court will direct service of the original complaint on remaining Defendant McCoy. Signed by Honorable Yvette Kane on 9/12/17. (rw)
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