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17-135 - Downs v. Green et al


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17-135 - Downs v. Green et al
November 15, 2017
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tice. (Amended/Supplemental Pleadings due by 12/15/2017.) Signed by Magistrate Judge Abbie Crites-Leoni on 11/15/17. (CSG)MEMORANDUM AND ORDER re:2 MOTION for Leave to Proceed in forma pauperis filed by Plaintiff Michael Jerome Downs. IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis (Doc. 2) is GRANTED. Pursuant to 28 U.S.C. § 1915(b)(4), the initial partial filing fee is waived.IT IS FURTHER ORDERED that the institution having custody of plaintiff shall,whenever the amount in plaintiffs prison account exceeds $10, send monthly payments that equal 20 percent of the funds credited to the account the preceding month to the United States District Court for the Eastern District of Missouri Clerk's office, pursuant to 28 U.S.C. § 1915(b)(2), until the $350 filing fee is paid in full. IT IS FURTHER ORDERED that plaintiff shall submit an amended complaint, in accordance with the instructions set forth in this Memorandum and Order, no later than December 15, 2017. IT IS FURTHER ORDERED that the Clerk of Court shall mail to plaintiff a blank form for the filing of a prisoner civil rights complaint. Plaintiff may request additional forms from the Clerk, as needed. If plaintiff fails to timely comply with this Order, the Court may dismiss this action, without prejudice and without further no
January 19, 2018
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MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that the Clerk of Court shall issue process or cause process to issue upon Nicole Green, Jimmy Smith, and Kyle Simms in their individual capacities. Defendants shall be served by issuance of summons and service by the U.S. Marshals Office. IT IS FURTHER ORDERED that, in their individual capacities, defendants Nicole Green, Jimmy Smith and Kyle Simms shall reply to plaintiff's claims within the time provided by the applicable provisions of the Federal Rules of Civil Procedure.IT IS FURTHER ORDERED that plaintiff's official capacity claims against Nicole Green, Jimmy Smith and Kyle Simms are DISMISSED without prejudice.IT IS FURTHER ORDERED that defendants Ashley Green and Dr. Unknown Pewitt are DISMISSED from this action, without prejudice. IT IS HEREBY CERTIFIED that an appeal from this partial dismissal would not be taken in good faith.. Signed by District Judge Stephen N. Limbaugh, Jr on 1/19/18. (MRS)