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16-1647 - (PC) Tinsley v. Fox et al.


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16-1647 - (PC) Tinsley v. Fox et al.
November 7, 2016
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 11/04/16 ORDERING plaintiff's request for leave to proceed in forma pauperis 3 is granted. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. All fees shall be collected in accordance with the court's order to the CDC filed concurrently herewith. Plaintiff's motion for summary judgment 7 is denied without prejudice as prematurely filed. Defendants Fox and Martinez are dismissed from this action without prejudice. Plaintiff's Eighth and Fourteenth Amendment claims are dismissed from this action without prejudice. Plaintiff's original complaint 1 is dismissed with leave to file a First Amended Complaint within 30 days after service of this order, based on plaintiff's Fourth Amendment challenges to the test underlying RVRs ##2 through 9. The clerk of the court shall send plaintiff together with a copy of this order, a copy of the form complaint used by prisoners in this district to pursue a civil rights action under 42 USC 1983. Also, RECOMMENDING that plaintiff's requests for immediate court intervention 4 and 9 be denied. Motions 4 and 9 referred to Judge Troy L. Nunley. Objections due within 21 days.(Plummer, M)
November 7, 2016
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Donald E. Tinsley signed by Magistrate Judge Allison Claire on 11/04/16. CDC is to collect payments from plaintiff's account and forward to the clerk until the $350.00 filing fee is paid in full. Clerk to serve this order and a copy of plaintiff's IFP on the Director of CDC. Clerk to also serve Financial with a copy of this order. (cc: CDC Director and Financial)(Plummer, M)
January 5, 2017
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ORDER signed by District Judge Troy L. Nunley on 1/4/17: The findings and recommendations 13 are adopted in full. Plaintiff's requests for immediate court intervention 4 and 9, are denied. Plaintiff shall, within thirty days after the filing date of this order, file his proposed First Amended Complaint. (Kaminski, H)