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18-002 - Mayes v. Aguilera


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18-002 - Mayes v. Aguilera
January 11, 2018
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiffs motion to proceed in forma pauperis [Doc. #2] is GRANTED. IT IS FURTHER ORDERED that the plaintiff shall pay an initial filing fee of $1.00 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 if plaintiff fails to pay the initial partial filing fee within thirty (30) days of the date of this Order, then this case will be dismissed without prejudice. IT IS FURTHER ORDERED that the Clerk shall issue process or cause process to issue upon the complaint as to defendant Dr. Unknown Aguilera in his individual capacity only. Dr. Unknown Aguilera shall be served through the Court's Waiver Agreement with Corizon, Inc. IT IS FURTHER ORDERED that, pursuant to 42 U.S.C. ยง 1997e(g)(2), defendant Dr. Unknown Aguilera shall reply to plaintiffs claims within the time provided by the applicable provisions of Rule 12(a) of the Federal Rules of Civil Procedure. IT IS FURTHER ORDERED that the Clerk shall not issue process or cause process to issue upon the complaint as to plaintiffs official capacity claims against Defendant Dr. Unknown Aguilera because these claims are legally frivolous, or fail to state a claim upon which relief may be granted, or both. IT IS FURTHER ORDERED that the Clerk shall not issue process or cause process to issue upon the complaint as to defendants Dr. Ruanne Stamps, Laurel Davis, T. Bredeman, Bonnie Boley, Lisa Pogue and "Unknown Nurses" at MCC, because, as to these defendants, the complaint is legally frivolous or fails to state a claim upon which relief can be granted, or both. IT IS FURTHER ORDERED that this case is assigned to Track SB: Prisoner Standard. An Order of Partial Dismissal will accompany this Memorandum and Order. Signed by District Judge John A. Ross on 1/11/18. (JAB)