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08-003 - Smith (Clayborn) v. Schoneboom et al


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08-003 - Smith (Clayborn) v. Schoneboom et al
January 24, 2008
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis 2 is GRANTED. IT IS FURTHER ORDERED that the plaintiff shall pay an initial filing fee of $35.15 within thirty (30) days of 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) his 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 the complaint is legally frivolous or fails to state a claim upon which relief can be granted, or both. An appropriate Order of Dismissal shall accompany this Memorandum and Order. Signed by Honorable Henry E. Autrey on 1/24/08. (TRC)
January 24, 2008
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ORDER OF DISMISSAL: IT IS HEREBY ORDERED that plaintiff's complaint is DISMISSED, without prejudice, pursuant to 28USC1915(e)(2)(B). IT IS HEREBY CERTIFIED that an appeal from this dismissal would not be taken in good faith. 28USC1915(a)(3). Signed by Honorable Henry E. Autrey on 1/24/08. (TRC)