Opinion
Civil Action 1:15-cv-02254
04-10-2023
ORDER
JOSEPH F. SAPORITO, JR., UNITED STATES MAGISTRATE JUDGE.
AND NOW, this 10th day of April, 2023, in accordance with the accompanying Memorandum, IT IS HEREBY ORDERED THAT:
1. Upon remand, the defendants' motion in limine (Doc. 54) is DENIED with respect to those portions of our prior decision vacated by the United States Court of Appeals for the Third Circuit;
2. The plaintiff's § 1983 claims for damages against all defendants (Counts III, IV, and V) shall proceed to discovery on the merits with respect to the 2015 December fast and the 2016 December fast;
3. The clerk shall furnish the incarcerated pro se plaintiff with blank copies of all forms necessary for our consideration of an application for leave to proceed in forma pauperis in this case;
4. The plaintiff shall complete, sign, and file his application for leave to proceed in forma pauperis within thirty (30) days after mailing of the aforementioned forms by the clerk;
5. All discovery in this action shall be STAYED and held in abeyance for a period of sixty (60) days to permit the court to consider the plaintiff's application for leave to proceed in forma pauperis and, if warranted, reconsider the plaintiff's motion to appoint pro bono counsel to represent him.