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08-025 - Tarpley v. Ford et al


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08-025 - Tarpley v. Ford et al
May 28, 2008
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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 plaintiff shall pay an initial partial filing fee of $3.03 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) 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 of Court shall docket this case as Kevin W. Tarpley v. Unknown Ford, Unknown Rork, Missouri Department of Corrections and Moberly Correctional Center. 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 may be granted. See 28 USC 1915(e)(2)(B). An appropriate order shall accompany this order and memorandum. Signed by Honorable Jean C. Hamilton on 5/28/08. (cc: Finance)(TRC)
May 28, 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, pursuant to 28 USC 1915(e)(2)(B). IT IS HEREBY CERTIFIED that an appeal from this dismissal would not be taken in good faith. See 28 USC 1915(a)(3). Signed by Honorable Jean C. Hamilton on 5/28/08. (TRC)