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08-019 - Bass v. Audrain County Sheriff et al


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08-019 - Bass v. Audrain County Sheriff et al
May 14, 2008
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that pltff.'s mtn. for leave to proceed ifp is granted. 2 IT IS FURTHER ORDERED that pltff. shall pay an initial partial filing fee of $43.70 within 30 days from the date of this order. Pltff. is instructed to make his remittance payable to Clerk of US District Court, and to include upon it: his name; his prison registration number the case number; and 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. IT IS FURTHER ORDERED that pltff. shall file an amended complaint within 30 days from the date of this order. In the amended complaint, pltff. shall complete in its entirety the court-provided form for filing a complaint. Specifically in the caption of the form complaint, pltff. shall set forth the name of each deft. he wishes to sue; and in the statement of claim he shall set forth as to each named deft. the specific factual allegations supporting his claim against the particular defts., as well as the specific rights that he claims the deft. violated. IT IS FURTHER ORDERED that in addition to a copy of this order, the clerk shall forward to pltff. the court-provided form for a prisoner to file a complaint under the civil rights. IT IS FURTHER ORDERED that pltff.'s failure to amend his complaint in accordance with this court's instructions will result in the dismissal of this action, without prejudice. IT IS FURTHER ORDERED that upon the filing of an amended complaint, the clerk shall resubmit this action to the court for review. Signed by Honorable Jean C. Hamilton on 5/14/08. (CLA)
May 15, 2008
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ORDER: IT IS HEREBY ORDERED that Plaintiff's Motion for Appointment of Counsel 8 is DENIED. Signed by Honorable Jean C. Hamilton on 5/15/08. (TRC)
June 10, 2008
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ORDER re 11, 9 : ORDERED 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. An appropriate order of dismissal shall accompany this Memorandum and Order.. Signed by Honorable Jean C. Hamilton on 6/10/08. (CEL)
June 10, 2008
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ORDER OF DISMISSAL pursuant to 28USC1915(e)(2)(B) IT IS HEREBY ORDERED that plaintiff's complaint is DISMISSED, without prejudice IT IS HEREBY CERTIFIED that an appeal from this dismissal would not be taken in good faith pursuant to 28USC1915(a)(3). Signed by Honorable Jean C. Hamilton on 6/10/08. (CEL)