Opinion
Civil Action 22-CV-1926
06-03-2022
SHANTE I. DESSUS, Plaintiff, v. EQUIFAX, Defendant.
ORDER
WENDY BEETLESTONE, J.
AND NOW, this 3rd day of June, 2022, upon consideration of Plaintiff Shante I. Dessus's Motion to Proceed In Forma Pauperis (ECF No. 1), and Complaint (ECF No. 2) it is HEREBY ORDERED that:
1. Leave to proceed in forma pauperis is GRANTED pursuant to 28 U.S.C. § 1915.
2. The Complaint is DEEMED filed.
3. The Complaint is DISMISSED WITHOUT PREJUDICE for the reasons in the Court's Memorandum.
4. Dessus may file an amended complaint within thirty (30) days of the date of this Order. Any amended complaint must identify all defendants in the caption of the amended complaint in addition to identifying them in the body of the amended complaint and shall state the basis for Dessus's claims against each defendant. The amended complaint shall be a complete document that does not rely on the initial Complaint or other papers filed in this case to state a claim. When drafting the amended complaint, Dessus should be mindful of the Court's reasons for dismissing the claims in the initial Complaint as explained in the Court's Memorandum. Upon the filing of an amended complaint, the Clerk shall not make service until so ORDERED by the Court.
5. The Clerk of Court is DIRECTED to send Dessus a blank copy of this Court's current standard form to be used by a self-represented litigant filing a civil action bearing the above-captioned civil action number. Dessus may use this form to file an amended complaint if Dessus chooses to do so.
This form is available on the Court's website at http://www.paed.uscourts.gov/documents2/forms/forms-pro-se.
6. If Dessus does not wish to amend the Complaint and instead intends to stand on the Complaint as originally pled, Dessus may file a notice with the Court within thirty (30) days of the date of this Order stating that intent, at which time the Court will issue a final order dismissing the case. Any such notice should be titled “Notice to Stand on Complaint, ” and shall include the civil action number for this case. See Weber v. McGrogan, 939 F.3d 232, 241 (3d Cir. 2019) (“If the plaintiff does not desire to amend, he may file an appropriate notice with the district court asserting his intent to stand on the complaint, at which time an order to dismiss the action would be appropriate.” (quoting Borelli v. City of Reading, 532 F.2d 950, 951 n.1 (3d Cir. 1976))).
7. If Dessus fails to file any response to this Order, the Court will conclude that Dessus intends to stand on the Complaint and will issue a final order dismissing this case. See Weber, 939 F.3d at 239-40 (explaining that a plaintiff's intent to stand on his complaint may be inferred from inaction after issuance of an order directing him to take action to cure a defective complaint).