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Kirkland v. Kerestes

United States District Court, Third Circuit

December 5, 2013

BARRY KIRKLAND, Plaintiff,
v.
JOHN KERESTES, et al., Defendants. BARRY KIRKLAND, Plaintiff,
v.
JOHN KERESTES, et al., Defendants.

ORDER

YVETTE KANE, District Judge.

AND NOW, this 5th day of December, 2013, for the reasons set forth in the accompanying Memorandum, IT IS HEREBY ORDERED THAT:

1. Plaintiff's motions for leave to proceed in forma pauperis in Civil Action No. 13-CV-2588 (Doc. No. 4) and Civil Action No. 13-CV-2841 are construed to be motions to proceed without full prepayment of the filing fee, and are granted.
2. The Clerk of Court is directed to consolidate Kirkland v. Kerestes, et al., Civil No. 1:13-CV-2841 into Kirkland v. Kerestes, et al., Civil No. 1:13-CV-2588, and to close Civil No. 1:13-CV-2841.
3. The consolidated complaint in Civil No. 1:13-CV-2588 is dismissed pursuant to 28 U.S.C. ยง 1915(e)(2)(B)(ii).
4. Any and all pending motions are denied as moot.
5. The Clerk of Court is directed to close this consolidated case.
6. Any appeal taken from this order will be deemed frivolous, without probable cause and not taken in good faith.

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