Hawkins v. Pennsylvania Board of Probation and Parole

3:16-cv-00160 | M.D. Penn. | May 18, 2016

Case 3:16-cv-00160-RDM-CA Document 32 Filed 05/18/16 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA Civil No. 3:16-cv~160 CHRISTOPHER E. HAWKINS, JOSEPH A. PULIZZI, RAYMOND G. POZOIC .JR., (Judge Mariani) CALVIN MOORE, JAMES WALSH, THOMAS P. HEASLEY,

Plaintiffs v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, et al.,

Defendants { , ORDER AND NOW, this ~ day of May, 2016, in accordance with the Court's Memorandum of the same date, IT IS HEREBY ORDERED THAT: 1. The motions (Docs. 5, 7, 9, 11, 13, 17) to proceed in forma pauperis are construed as motions to proceed without full prepayment of fees and costs and are GRANTED.

2. The Clerk of Court is directed to TERMINATE the motion (Doc. 2) to proceed in forma pauperis jointly filed by Plaintiffs as the improper form used by this Court.

3. The claims against the Pennsylvania Board of Probation and Parole and the Columbia County Prison Board are DISMISSED with prejudice. The Clerk of Court is directed to TERMINATE the Pennsylvania Board of Probation and Parole and the Columbia County Prison Board as parties to this action.

4. Plaintiffs' motion (Doc. 19) to dismiss and add Defendants is GRANTED in part and DENIED in part, as follows: Case 3:16-cv-00160-RDM-CA Document 32 Filed 05/18/16 Page 2 of 2 a. Plaintiffs' request to dismiss Defendants Sergeant Hanks, C.O. Breish and C.O. Urich is GRANTED. The Clerk of Court is directed to TERMINATE Sergeant Hanks, C.O. Breish, and C.O. Urich as parties to this action.

b. Plaintiffs' request to add the Pennsylvania Department of Corrections as a party to this action is DENIED. 5. Plaintiffs shall FILE an amended complaint on or before June 6,2016. 6. The amended complaint shall contain the same case number that is presently

assigned to this action, 3:16-cv-160, and shall be direct, concise, and shall stand alone without reference to any other document filed in this matter. See FED. R. CIV. P. 8(d}.

7. Plaintiffs are warned that failure to timely file an amended complaint will result in dismissal of this action without further notice of Court. 2