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08-147 - Bailey v. Reeves et al


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08-147 - Bailey v. Reeves et al
October 15, 2008
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OPINION, MEMORANDUM, and ORDER: IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis 2 is GRANTED. IT IS FURTHER ORDERED that the plaintiff shall pay an initial partial filing fee of $1.42 within thirty (30) days from the date of this order. Plaintiff is instructed to make his remittance payable to "Clerk, United States District Court" and to include upon it: (1) his name; (2) hs prison registration number; (3) the case number; and (4) that the remittance is for an original proceeding. IT IS FURTHER ORDERED that the Clerk shall not issue process or cause process to issue upon the complaint, because it is legally frivolous and fails to state a claim upon which relief may be granted. See 28 USC 1915(e)(2)(B). An appropriate order shall accompany this order and memorandum. Signed by Honorable Henry E. Autrey on 10/15/08. (TRC)