Kundratic v. Polachek-Gartley et al
| Andrew Kundratic |
| Tina Polachek-Gartley, Anthony Lumbis, Gary Thomas, C.J. Bufalino, Michael Shucosky, Sophia Thomas, Arthur Silverblatt, Gary Michak, Marie Eskridge, Luzerne County District Attorney's Office, PA State Police Internal Affairs, PA Attorney General, PA Disciplinary Board and John/Jane Does 1-5 |
| 3:2015cv01239 |
| June 24, 2015 |
| U.S. District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Luzerne |
| Richard P. Conaboy |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
5
MEMORANDUM (Order to follow as separate docket entry)Accordingly, the Court finds that this action is frivolous because the facts alleged rise to the level of the wholly irrational or the wholly incredible in terms of Denton, supra. The Court finds also that granting leave to amend this complaint would be an exercise in futility because its core allegations have been twice discredited. Thus, the Court will not permit these Defendants, some of whom would be defending themselves for the third ti me against essentially the same claim, to be vexed by this complaint. Plaintiff has had ample opportunity to present these claims and they have been found deficient. Plaintiffs Motion for In Forma Pauperis Status must be denied. An Order consistent with this determination follows. Signed by Honorable Richard P. Conaboy on 8/28/15. (cc)
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