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Cormany v. Lauer

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


May 14, 2007

CORY A. CORMANY, PLAINTIFF
v.
PATRICK F. LAUER, DEFENDANT

The opinion of the court was delivered by: Christopher C. Conner United States District Judge

(Judge Conner)

ORDER

AND NOW, this 14th day of May, 2007, upon consideration of pro se plaintiff's motion to proceed in forma pauperis (Doc. 6), and the complaint (Doc. 1), and it appearing that plaintiff is unable to pay the filing fee in the above-captioned case, see 28 U.S.C. § 1915 ("[A]ny court of the United States may authorize the commencement, prosecution, or defense of any suit . . . without prepayment of fees or security therefor, by a person who submits an affidavit that includes a statement of all assets . . . that the person is unable to pay such fees or give security therefor."), but that the complaint fails to state a claim against defendant Patrick F. Lauer (see Doc. 1),*fn1 see 28 U.S.C. § 1915(e) ("[T]he court shall dismiss the case at any time if the court determines that . . . the action . . . fails to state a claim . . . ."), it is hereby ORDERED that:

1. The motion to proceed in forma pauperis (Doc. 6) is GRANTED.

2. The complaint (Doc. 1) is DISMISSED without prejudice. See 28 U.S.C. § 1915(e).

3. Plaintiff shall be permitted to file an amended complaint, on or before June 8, 2007, in conformity with the requirements of the Federal Rules of Civil Procedure. See, e.g., FED. R. CIV. P. 8(a), (e), 10(b). Failure to comply with this paragraph will result in the closing of this case.

4. The Clerk of Court shall return the complaint and accompanying exhibits to pro se plaintiff, via regular mail.


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