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08-960 - Turner v. Emerson et al


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08-960 - Turner v. Emerson et al
June 4, 2008
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DOCUMENT #4 VACATED PURSUANT TO ORDER #5 FILED ON 6/16/08. ORDER that within 30 days of the date this order is filed, pla must either pay the $350.00 filing fee or file a completed application to proceed in forma pauperis (ifp) and a certified 6 mo trust account statement. If pla fails to either pay the $350.00 filing fee or file a complete application to proceed ifp within 30 days, the Clerk must enter a judgment of dismissal of this action without prejudice and without further notice to pla. Special Prisoner Deadline due by 7/7/2008. Signed by Judge Stephen M McNamee on 6/4/2008. (LAD) Modified on 6/16/2008 (LSP, ).
June 16, 2008
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ORDER 4 Order filed 6/4/08 is VACATED. IT IS FURTHER ORDERED granting 3 Motion for Leave to Proceed in forma pauperis, Plaintiff must pay the $350.00 filing fee. The Complaint is dismissed with 30 days leave to amend. The Clerk must enter dismissal with prejudice that states that the dismissal counts as a "strike" under 28 U.S.C. § 1915(g), if the Plaintiff fails to comply.. Signed by Judge Stephen M McNamee on 6/16/08. (Attachments: # (1) Prisoner Civil Rights Form)(LSP)
June 16, 2008
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ORDER Directing Monthly Payments be made from Prison Account of Nathaniel Turner, Jr. Signed by Judge Stephen M McNamee on 6/16/08. (LSP)
June 30, 2008
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ORDER denying as moot pla's 2nd 7 Motion (application) for Leave to Proceed in forma pauperis. Signed by Judge Stephen M McNamee on 6/30/2008.(LAD)
June 30, 2008
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. (LAD)ORDER the 8 1ST AMENDED COMPLAINT is dismissed for failure to state a claim. Pla has 30 days to file a 2nd amended complaint in compliance with this order. If pla fails to file a 2nd amended complaint within 30 days, the Clerk must without further notice enter a judgment of dismissal of this action with prejudice that states that the dismissal counts as a "strike" under 28 USC section 1915(g). Special Prisoner Deadline due by 7/30/2008. Signed by Judge Stephen M McNamee on 6/30/2008
July 23, 2008
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ORDER DISMISSING CASE; Plaintiff's Second Amended Complaint 11 is dismissed for failure to state a claim; the Clerk must enter judgment accordingly; the Clerk must make an entry on the docket stating that the dismissal for failure to state a claim counts as a "strike" under 28 U.S.C. § 1915(g). Signed by Judge Stephen M McNamee on 7/22/08. (REW, )