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08-061 - Knape v. Bliss et al


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08-061 - Knape v. Bliss et al
December 2, 2008
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MEMORANDUM AND ORDER re:2 MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) filed by Plaintiff Robert Jess Knape is GRANTED. IT IS FURTHER ORDERED that the plaintiff shall pay an initial filing fee of $1.59 within thirty (30) days of the date of this Order. Plaintif 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 proceedings. 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 cliam upon which relief can be granted, or both. An Order of Dismissal will accompany this Memorandum and Order. Signed by Honorable E. Richard Webber on December 2, 2008. (MCB)
December 2, 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 E. Richard Webber on December 2, 2008. (MCB)