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Brown v. Wayne County Pennsylvania

United States District Court, M.D. Pennsylvania

July 12, 2019

NOEL L. BROWN, et al., Plaintiffs
v.
WAYNE COUNTY PENNSYLVANIA, et al., Defendants

          MANNION, D.J.

          REPORT & RECOMMENDATION

          William I. Arbuckle, U.S. Magistrate Judge.

         This civil rights Complaint was filed by pro se Plaintiffs Noel L. Brown, Sheron A. Chambers, Dryah K. Brown, Neija M. Brown, and Nyia N. Brown. (Doc. 1). On April 10, 2019, the Court issued an Order directing Plaintiff's Sheron A. Chambers, Dryah K. Brown, Neija M. Brown, and Nyia N. Brown to either pay the civil filing fee or file an application seeking leave of court to proceed in forma pauperis. (Doc. 14). The Court also provided Plaintiffs with the appropriate forms and advised Plaintiffs that the failure to either pay the fee or seek leave to proceed in forma pauperis by May 10, 2019 may result in the dismissal of their claims. Id.

         The copies of the Court's April 10, 2019 Order sent to Plaintiffs Sheron A. Chambers, Dryah K. Brown, Neija M. Brown, and Nyia N. Brown were returned as undeliverable. (Docs. 17, 19). Nonetheless, on April 29, 2019, Plaintiff Sheron A. Chambers filed a Motion requesting leave to proceed in forma pauperis. (Doc. 18). On May 8, 2019, Plaintiff Dryah K. Brown filed a Motion requesting leave to proceed in forma pauperis. (Doc. 21). In their Motions, Plaintiffs Sheron A. Chambers and Dryah K. Brown provided updated addresses.

         On May 6, 2019, the Court denied Plaintiff Sheron A. Chambers' Motion requesting leave to proceed in forma pauperis because it did not provide enough information. Specifically, Plaintiff Sheron A. Chambers' Motion merely stated, “I am not employed at this time, and cannot afford the required filing fee.” (Doc. 18). The Court granted Plaintiff Sheron A. Chambers an extension of time to file an IFP Motion on the correct form. (Doc. 20).

         On May 20, 2019, the Court denied Plaintiff Dryah K. Brown's Motion requesting leave to proceed in forma pauperis because it did not provide enough information. Specifically, Plaintiff Dryah K. Brown's Motion merely stated “I am in school and cannot afford the required filing fee.” (Doc. 21). The Court granted Plaintiff Dryah K. Brown an extension of time to file an IFP Motion on the correct form and provide the appropriate financial information. (Doc. 27).

         Plaintiff Sheron A. Chambers was afforded until June 6, 2019 to file a completed IFP Motion. (Doc. 20). Plaintiff Dryah K. Brown was afforded until June 14, 2019 to file a completed IFP Motion. (Doc. 27).

         Plaintiffs were advised that the failure to file a completed IFP Motion or pay the filing fee may result in the dismissal of their claims. (Docs. 14, 20, 27).

         To date, neither Plaintiff Sheron A. Chambers nor Plaintiff Dryah K. Brown have filed a new IFP Motion that contains the financial information necessary for the Court to decide the Motion.

         Plaintiffs Sheron A. Chambers and Dryah K. Brown have not paid the filing fee.

         Accordingly, IT IS RECOMMENDED THAT:

(1) All claims asserted by Plaintiff Sheron A. Chambers be DISMISSED without prejudice.
(2) All claims asserted by Plaintiff Dryah K. Brown be DISMISSED without prejudice.

         NOTICE OF ...


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