Gavin v. Serino et al
| Patrick Gavin, Jr., Michael Kassisky, Tracy Sokoloski, Fred Sokoloski, Katie Ann Lucas, Sabrina Reap, Matt Reap, Kimberly Knecht, Brenda Jurchak, Erin Banta, Larry Banta, Brian Kondrosky, Anthony Satkowski and Lidia Kramer |
| Janet M. Serino, Phillip Campenni, Gerald A. Stofko, Kimberly A, Yochem, John Marianacci, Carmen Bolin, Toni Valenti, Nick DeAngelo, Leonard Pribula, Laura Best and Wyoming Area School Board |
| 3:2021cv01690 |
| October 1, 2021 |
| US District Court for the Middle District of Pennsylvania |
| Joseph F Saporito |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 |
| None |
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Filing 6
ORDER - in light of the plaintiffs failure to promptly correct their unsigned pro se complaint and an incomplete motion for leave to proceed in forma pauperis by one of the plaintiffs, after having been notified of these defects and instructed to correct them (see Doc. 4), IT IS HEREBY ORDERED THAT:1.The complaint shall be DEEMED STRUCK from the record as an unsigned paper, pursuant to Rule 11(a) of the Federal Rules of Civil Procedure, with respect to plaintiffs Michael Kassisky, Tracy Sokoloski, Fred Sokoloski, Katie Ann Luca, Sabrina Reap, Matt Reap, Kimberly Knecht, Brenda Jurchak, Erin Banta, Larry Banta, Brian Kondrosky, Anthony Satkowski, and Lidia Kramer; 2.The clerk shall TERMINATE plaintiffs Michael Kassisky, Tracy Sokoloski, Fred Sokoloski, Katie Ann Luca, Sabrina Reap, Matt Reap, Kimberly Knecht, Brenda Jurchak, Erin Banta, Larry Banta, Brian Kondrosky, Anthony Satkowski, and Lidia Kramer as parties to this action;3.The motion for leave to proceed in forma pauperis by plaintiff Patrick Gavin Jr. (Doc. 2) shall be DEEMED STRICKEN from the record as incomplete based on the movants failure to disclose the approximate value of his financial assets as directed by the court;4.The pro se written request to withdraw this case (Doc. 5) filed by the lone remaining plaintiff, Patrick Gavin Jr., shall be liberally construed as a notice of voluntary dismissal, and the action therefore shall be DEEMED DISMISSED pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, see generally Mala v. Crown Bay Marina, Inc., 704 F.3d 239, 24446 (3d Cir. 2013) (discussing a federal courts obligation to liberally construe the filings of pro se litigants); and5.The clerk shall mark this case as CLOSED. Signed by Magistrate Judge Joseph F. Saporito, Jr on 11/3/21. (ms)
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| Filing 5 REQUEST to Withdraw case by Patrick Gavin, Jr. (sm) Modified on 11/3/2021 (ms) - [CONSTRUED AS A NOTICE OF VOLUNTARY DISMISSAL PER DOC. 6 ORDER] . |
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Filing 4
ORDER -1.On or before November 1, 2021, the plaintiffs shall submit for filing a copy of the complaint that is fully compliant with the requirements of Rule 11 of the Federal Rules of Civil Procedure. In particular, the pleading shall be signed by a licensed attorney, who is admitted to the bar of this court, on behalf of each plaintiff, or it shall be signed by each plaintiff personally if unrepresented. Failure to comply with this order will result in the complaint being stricken with respect to any plaintiffs who have not signed it.2.On or before November 1, 2021, the plaintiffs shall remit payment of the $402 filing and administrative fees due upon commencement of this civil action, or a completed and signed IFP application for each of the plaintiffs, except Gavin.3.On or before November 1, 2021, if the plaintiffs have not paid the requisite $402 filing and administrative fees, plaintiff Gavin shall file a written affidavit or declaration in response to this order, in which he shall disclose the approximate value of the financial assets referenced on line 5 of his original IFP application. This affidavit or declaration must be signed by Gavin and include the following declaration: I declare under penalty of perjury that the above information is true and understand that a false statement may result in a dismissal of my claims. Failure to comply with this order and disclose this information as directed will result in the striking of the plaintiffs IFP application as incomplete.4.The clerk shall mail a copy of this order, together with a copy of the form necessary for application to proceed IFP, to each of the named plaintiffs, except Gavin. The clerk shall mail a copy of this order alone to Gavin. Signed by Magistrate Judge Joseph F. Saporito, Jr on 10/5/21. (ms)
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| Filing 3 PROSE opening letter and STANDING PRACTICE ORDER sent to Pltf. (sm) |
| Filing 2 MOTION (Application) for Leave to Proceed in forma pauperis by Patrick Gavin, Jr.(sm) |
| Filing 1 COMPLAINT against All Defendants lodged pending the disposition of the Motion for In Forma Pauperis, filed by Patrick Gavin, Jr.(sm) |
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