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16-135 - Kilgore v. Providence Place Mall


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16-135 - Kilgore v. Providence Place Mall
April 1, 2016
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REPORT AND RECOMMENDATIONS recommending that this Court provide Plaintiff with thirty days from the adoption of this report and recommendation to file an amended complaint. Brown v. Rhode Island, 511 F. App'x 4, 5, 7 (1st Cir. 2013) (per curiam). If he fails to do so or if he files a new complaint that is still deficient, I recommend that the complaint (ECF No. 1) be summarily dismissed without prejudice. See 28 U.S.C. ยง 1915(e)(2). In addition, I find that Plaintiff's IFP motion should be denied without prejudice because it fails to provide coherent financial information sufficient to allow the Court to determine his eligibility. I recommend that this Court permit him to refile it with sufficient information to establish that he is unable to pay fees and costs within thirty days from the adoption of this report and recommendation. If he files a new IFP application by that deadline, it will be reviewed and the Court will make a determination of eligibility; if he does not, I recommend that his IFP motion be denied and that he be directed to pay the $400 filing fee.2 MOTION for Leave to Proceed in forma pauperis filed by Damien Kilgore. Objections to R&R due by 4/18/2016. So Ordered by Magistrate Judge Patricia A. Sullivan on 4/1/2016. (Noel, Jeannine)
June 1, 2016
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ORDER adopting 3 Report and Recommendations; denying 2 Motion for Leave to Proceed in forma pauperis without prejudice. So Ordered by Chief Judge William E. Smith on 6/1/2016. (Jackson, Ryan)