KENNEDY v. GETZ, et al, No. 5:2018cv03532 - Document 8 (E.D. Pa. 2018)
Court Description: OPINION/ORDER THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED. THE COMPLAINT IS DEEMED FILED. THE COMPLAINT IS DISMISSED A MALICIOUS AND FOR FAILURE TO STATE A CLAIM FOR THE REASONS SET FORTH IN THE COURT'S MEMORANDUM. KENNEDY MAY NOT FILE AN AMENDED COMPLAINT IN THIS MATTER. THE COURT PLACED KENNEDY ON NOTICE THAT FILING ANOTHER NEW CASE REGARDING THE EVENTS OF JUNE 2, 2017, AUGUST 28, 2017, AS WELL AS HIS INCARCERATION FROM AUGUST 28-30, 2017, MAY RESULT IN RESTRICTION OF HIS FILING PRIVILEGES. THE CLERK OF COURT SHALL CLOSE THIS CASE. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 8/27/18. 8/28/18 ENTERED AND COPIES MAILED TO PRO SE'. (ky, )
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KENNEDY v. GETZ, et al Doc. 8 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA EDWARD THOMAS KENNEDY, Plaintiff, v. BRADLEY J. GETZ, et al., Defendants. : : : : : : : CIVIL ACTION NO. 18-CV-3532 ORDER AND NOW, this 27th day of August, 2018, upon consideration of Plaintiff Edward Thomas Kennedy’s Motion for Leave to Proceed In Forma Pauperis (ECF No. 1) and his pro se Complaint (ECF No. 2), it is ORDERED that: 1. Leave to proceed in forma pauperis is GRANTED. 2. The Complaint is DEEMED filed. 3. The Complaint is DISMISSED as malicious and for failure to state a claim for the reasons set forth in the Court’s Memorandum. Kennedy may not file an amended complaint in this matter. 4. The Court places Kennedy on notice that filing another new case regarding the events of June 2, 2017, August 28, 2017, as well as his incarceration from August 28-30, 2017, may result in restriction of his filing privileges. See Abdul-Akbar v. Watson, 901 F.3d 329, 333 (3d Cir. 1990). 5. The Clerk of Court shall CLOSE this case. BY THE COURT: /s/ Jeffrey L. Schmehl JEFFREY L. SCHMEHL, J. Dockets.Justia.com
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