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08-046 - Jones v. Steele et al


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08-046 - Jones v. Steele et al
May 5, 2008
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OPINION MEMORANDUM re:2 MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) filed by Plaintiff Eugene Kenneth Jones motion is GRANTED. IT IS FURTHER ORDERED that the plaintiff shall pay an initial filing fee of$1.85 within thirty (30) days of the date of this Order. IT IS FURTHER ORDERED that if plaintiff fails to pay the initial partial filing fee within thirty (30) days of the date of this Order, then this case will be dismissed without prejudice. IT IS FURTHER ORDERED that the Clerk shall issue process or causeprocess to issue upon the complaint as to defendant Paula Phillips. IT IS FURTHER ORDERED that, pursuant to 42 U.S.C. ยง 1997e(g)(2), defendant Paula Phillips shall reply to plaintiff's claims within the time provided by theapplicable provisions of Rule 12(a) of the Federal Rules of Civil Procedure. IT IS FURTHER ORDERED that the Clerk shall not issue process or cause process to issue upon the complaint as to defendants Steele, Harris, Gains, Williams,Puepekke, Waldrup, Jones, Mitchem, Blunt, Clark, or Cornell because, as to thesedefendants, the complaint is legally frivolous or fails to state a claim upon which relief can be granted, or both. IT IS FURTHER ORDERED that this case is assigned to Track 5B: Prisoner Standard. An appropriate Order of Partial Dismissal shall accompany this Memorandum and Order.( Initial Partial Filing Fee due by 6/4/2008.) Signed by Honorable Henry E. Autrey on 5/5/08. (CSG)
May 8, 2008
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ORDER: IT IS HEREBY ORDERED that Plaintiff's Motion for Appointment of Counsel 4 is DENIED without prejudice. Signed by Honorable Henry E. Autrey on 5/8/08. (TRC)