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08-741 - Shirley v. Franklin

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08-741 - Shirley v. Franklin
May 15, 2008
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ORDER TO SHOW CAUSE granting pla's 3 Motion for Leave to Proceed in forma pauperis. Within 30 days, pla must either pay the $350.00 filing fee or file a response as described above. If pla fails to pay the filing fee or file a response within 30 days, the Clerk shall enter a dismissal of this action without prejudice. Signed by Judge Stephen M McNamee on 5/15/2008.(LAD)
August 20, 2008
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ORDER (Service Packet) Count II of the Complaint is dismissed without prejudice for failure to state a claim upon which relief may be granted. Dft Brad Franklin must answer Count I of the Complaint. The Clerk of Court must send Pla a service packet including the 1 Complaint, this Order, and both summons and request for waiver forms for Dft Brad Franklin. Pla must complete and return the service packet to the Clerk of Court within 20 days of the date of filing of this Order.This matter is referred to Magistrate Judge Jay R. Irwin for further proceedings. Signed by Judge Stephen M McNamee on 08/19/08. (ESL)