237 F. App'x 751

Kevin SPENCE, Appellant v. WATER REVENUE BUREAU, CITY OF PHILADELPHIA.

No. 07-1084.

United States Court of Appeals, Third Circuit.

Submitted For Possible Dismissal Under 28 U.S.C. § 1915(e)(2)(B) June 21, 2007.

Filed July 2, 2007.

*752Kevin Spence, Philadelphia, PA, pro se.

Before: SLOVITER, CHAGARES and GREENBERG, Circuit Judges.

OPINION

PER CURIAM.

Appellant, Kevin Spence, proceeding pro se and in forma pauperis, appeals an order of the United States District Court for the Eastern District of Pennsylvania dismissing his complaint pursuant to 28 U.S.C. § 1915(e)(2)(B). The District Court dismissed the complaint without prejudice and gave Spence an opportunity to file an amended complaint. Spence chose to commence the instant appeal rather than file an amended complaint, thereby expressing his intention to stand on his complaint as filed. The order being appealed is therefore final and appealable. See Borelli v. City of Reading, 532 F.2d 950, 951-52 (3d Cir.1976).

We agree with the District Court that the complaint is inadequate under the notice pleading requirements of Fed. R.Civ.P. 8(a). As best we can tell from the cryptic statements in the complaint, the instant suit arises from a billing dispute with the Water Revenue Bureau. However, despite affording Spence the leeway properly allowed pro se litigants, we are unable to discern the factual basis for his claims or the legal theory on which he relies. Accordingly, we will dismiss the appeal under 28 U.S.C. § 1915(e)(2)(B).

Spence v. Water Revenue Bureau
237 F. App'x 751

Case Details

Name
Spence v. Water Revenue Bureau
Decision Date
Jul 2, 2007
Citations

237 F. App'x 751

Jurisdiction
United States

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