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07-176 - White v. Poplar Bluff Regional Medical Center, Inc. et al


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07-176 - White v. Poplar Bluff Regional Medical Center, Inc. et al
January 7, 2008
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MEMORANDUM AND ORDER re:2 MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) filed by Plaintiff Don'e J. White, 4 MOTION to Appoint Counsel filed by Plaintiff Don'e J. White. IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis is GRANTED. [Doc. 2] IT IS FURTHER ORDERED that plaintiff shall pay an initial partial filing fee of $3.53 within thirty (30) days from the date of this order.( Initial Partial Filing Fee due by 2/6/2008.) IT IS FURTHER ORDERED that the Clerk shall not issue process or cause process to issue upon the complaint, because the complaint is legally frivolous and/or fails to state a claim upon which relief may be granted. See 28 U.S.C. 1915(e)(2)(B). IT IS FURTHER ORDERED that plaintiff's motion for appointment of counsel is DENIED as moot. [Doc. 4]An appropriate order of dismissal shall accompany this order and memorandum. Signed by Honorable Charles A. Shaw on 1/7/08. (CSG)