MARTINEZ v. BERRIOS, No. 5:2018cv00985 - Document 3 (E.D. Pa. 2018)

Court Description: OPINION/ORDER THAT THE MOTION TO PROCEED IN FORMA PAUPERIS IS GRANTED. THE COMPLAINT IS DISMISSED WITHOUT PREJUDICE. THE PLAINTIFF MAY FILE AN AMENDED COMPLAINT WITHIN THIRTY DAYS OF THE DATE OF THIS ORDER. THE MOTION FOR INJUNCTIVE RELIEF (DOC NO. 1-3) IS DENIED WITHOUT PREJUDICE. SIGNED BY HONORABLE EDWARD G. SMITH ON 3/22/18. 3/22/18 ENTERED AND COPIES MAILED TO PRO SE'.(ky, )

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MARTINEZ v. BERRIOS Doc. 3 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA GILBERT M. MARTINEZ, : : : : : : : : : Plaintiff, v. SARAI BERRIOS, Defendant. CIVIL ACTION NO. 18-985 ORDER AND NOW, this 22nd day of March, 2018, after considering the motion to proceed in forma pauperis, the proposed complaint, and the “Motion for Injunction Relief Memorandum of Law in Support” filed by the pro se plaintiff, Gilbert M. Martinez (Doc. No. 1); and for the reasons set forth in the separately filed memorandum opinion, it is hereby ORDERED as follows: 1. The motion to proceed in forma pauperis (Doc. No. 1) is GRANTED and the plaintiff has leave to proceed in forma pauperis; 2. The complaint (Doc. No. 1-1) is DISMISSED WITHOUT PREJUDICE; 3. The plaintiff may file an amended complaint within thirty (30) days of the date of this order. Any amended complaint must clearly state the basis for the plaintiff’s claims against the defendant. Upon the filing of an amended complaint, the clerk of court shall not make service until so ordered by the court; 4. If the plaintiff fails to file a timely amended complaint in accordance with paragraph 3 of this order, the court may dismiss his case for failure to prosecute without further notice to him; and Dockets.Justia.com 5. The “Motion for Injunction Relief Memorandum of Law in Support” (Doc. No. 1- 3) is DENIED WITHOUT PREJUDICE. BY THE COURT: /s/ Edward G. Smith EDWARD G. SMITH, J. 2

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