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08-065 - Burgdorf v. Reynolds County Sheriff's Dept. et al


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08-065 - Burgdorf v. Reynolds County Sheriff's Dept. et al
May 19, 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 Edward Dale Burgdorf, 4 MOTION to Appoint Counsel filed by Plaintiff Edward Dale Burgdorf. IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [Doc. #2] is GRANTED. IT IS FURTHER ORDERED that plaintiff shall pay an initial filing fee of $1.90 within thirty (30) days of the date of this Order.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 fails to state a claim upon which relief can be granted. IT IS FURTHER ORDERED that plaintiff's motion to appoint counsel [Doc. #4] is DENIED as moot. An appropriate order of dismissal shall accompany this Memorandum and Order.( Initial Partial Filing Fee due by 6/18/2008.) Signed by Judge Jean C. Hamilton on 5/19/08. (CSG) Modified on 5/19/2008 (CSG).