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17-918 - MERCADO v. COLUMBUS POLICE DEPARTMENT et al


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17-918 - MERCADO v. COLUMBUS POLICE DEPARTMENT et al
March 28, 2017
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Entry Discussing Filing Fee, Dismissing Complaint, Denying Motion for Discovery, and Directing Plaintiff to Show Cause - The plaintiff shall have through April 24, 2017, in which to either pay the $400.00 filing fee for this action or demonstrate that he lacks the financial ability to do so. If he seeks leave to proceed in forma pauperis, his request must be accompanied by a copy of the transactions associated with his institution trust account for the 6-month period preceding the filing of this action on March 24, 2017. The plaintiff shall have through April 24, 2017, in which to show cause why this action should not be dismissed for failure to state a claim upon which relief can be granted. If the plaintiff fails to show cause or seek leave to amend, the action will be dismissed for the reasons set forth in this Entry without further notice. The plaintiff's motion for discovery [dkt. 3] is denied as premature and overly broad. If plaintiff seeks discovery of a narrow issue, plaintiff may renew this motion. (See Entry.) Copy to Plaintiff via U.S. Mail. Signed by Judge Tanya Walton Pratt on 3/28/2017.(JLS)
April 26, 2017
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Entry Assessing Initial Partial Filing Fee, Discussing Amended Complaint, and Directing Service of Process - The plaintiff's motion to proceed in forma pauperis, [dkt. 8] is granted. The plaintiff is assessed an initial partial filing fee of Six Dollars and Twenty-Three Cents ($6.23). He shall have through May 18, 2017, in which to pay this sum to the clerk of the district court. Failure to do so may result in the dismissal of the action for failure to prosecute. He seeks compensatory damages. This claim may proceed against both defendants. The clerk is designated pursuant to Fed. R. Civ. P. 4(c) to issue process to Officer Drake Maddix and Officer Nolting in the manner specified by Rule 4(d). Process shall consist of the amended complaint filed on April 20, 2017 (docket 7), applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry. The clerk shall update the docket to reflect the dismissal of the Columbus Police Department and Mayor Leinhoop as defendants. (See Entry.) Copy to Plaintiff and Defendant via U.S. Mail. Signed by Judge Tanya Walton Pratt on 4/26/2017. (JLS)