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Thomas v. Allison

United States District Court, M.D. Pennsylvania
Dec 12, 2007
CIVIL ACTION NO. 1:07-CV-1032 (M.D. Pa. Dec. 12, 2007)

Opinion

CIVIL ACTION NO. 1:07-CV-1032.

December 12, 2007


ORDER


AND NOW, this 12th day of December, 2007, upon consideration of pro se plaintiff's motion (Doc. 5) pursuant to Rule 59 of the Federal Rules of Civil Procedure to vacate the order of court dated June 13, 2007 (Doc. 4), which granted plaintiff's motion to proceed in forma pauperis (Doc. 2) and dismissed the complaint without leave to amend, and it appearing that plaintiff attaches an amended complaint to the motion (see Doc. 5 at 2-9), but that this amended complaint fails for the same reasons as the original complaint (see Doc. 4), see 28 U.S.C. § 1915(e), and the court finding that there are no manifest errors of law or fact in the challenged order, see Scott v. Warden, F.C.I. Schuylkill, No. 3:06-CV-1790, 2007 WL 3334997, at *1 (M.D. Pa. Nov. 9, 2007) (citing Max's Seafood Cafe ex rel. Lou-Ann, Inc. v. Quinteros, 176 F.3d 669, 677 (3d Cir. 1999)), it is hereby ORDERED that the motion to vacate (Doc. 5) is DENIED. Any appeal from this order is DEEMED frivolous and not in good faith. See 28 U.S.C. § 1915(a)(3).


Summaries of

Thomas v. Allison

United States District Court, M.D. Pennsylvania
Dec 12, 2007
CIVIL ACTION NO. 1:07-CV-1032 (M.D. Pa. Dec. 12, 2007)
Case details for

Thomas v. Allison

Case Details

Full title:REV. BRIAN THOMAS, Plaintiff v. PAUL K. ALLISON, et al., Defendants

Court:United States District Court, M.D. Pennsylvania

Date published: Dec 12, 2007

Citations

CIVIL ACTION NO. 1:07-CV-1032 (M.D. Pa. Dec. 12, 2007)