SHAREEF v. CONSUMER PORTFOLIO SERVICES INC. ( 2021 )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA KAREEM SHAREEF, : Plaintiff, : : v. : CIVIL ACTION NO. 21-CV-4039 : CONSUMER PORTFOLIO : SERVICES INC., : Defendant. : ORDER AND NOW, this 7th day of December, 2021, upon consideration of Plaintiff Kareem Shareef’s Motion to Proceed In Forma Pauperis (ECF No. 1), and Complaint (ECF No. 2) it is 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 failure to state a claim, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). 4. Shareef 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 Shareef’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 his amended complaint, Shareef should be mindful of the Court’s reasons for dismissing the claims in his 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 Shareef 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. Shareef may use this form to file his amended complaint if he chooses to do so.1 6. If Shareef does not wish to amend his Complaint and instead intends to stand on his Complaint as originally pled, he 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 (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 Shareef fails to file any response to this Order, the Court will conclude that Shareef intends to stand on his Complaint and will issue a final order dismissing this case. See Weber, 939 F.3d at 239-40 (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). BY THE COURT: /s/Wendy Beetlestone, J. WENDY BEETLESTONE, J. 1 This form is available on the Court’s website at http://www.paed.uscourts.gov/documents2/forms/forms-pro-se.