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18-190 - SMALLWOOD v. NOLL et al


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18-190 - SMALLWOOD v. NOLL et al
January 26, 2018
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ENTRY - 2 Motion for Leave to Proceed in forma pauperis is granted. The plaintiff is assessed an initial partial filing fee of Eleven Dollars and Sixty-Six Cents ($11.66). He shall have through February 26, 2018, in which to pay this sum to the clerk of the district court. 3 Motion to Appoint Counsel is denied as premature. The claims against B. Schmidt and Camay Francum are dismissed for failure to state a claim. The clerk is instructed to update the docket to show the dismissal of B. Schmidt and Camay Francum from this action. The plaintiff's claim for deliberate indifference under the Eighth Amendment against Dr. Noll for removing the wrong tooth may proceed. The clerk is designated pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendant Dr. Noll in the manner specified by Rule 4(d). Process shall consist of the amended complaint, dkt. 1, applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry. See entry for details. Signed by Judge Tanya Walton Pratt on 1/26/2018. (Copy mailed to Plaintiff and Dr. Noll) (MEJ) (Main Document 5 replaced on 1/26/2018) (MEJ).
March 23, 2018
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ORDER denying as premature Plaintiff's Second 13 Motion to Appoint Counsel. Copy to Plaintiff via U.S. Mail. Signed by Judge Tanya Walton Pratt on 3/23/2018. (MAC)