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07-1653 - Shaw v. Hallazago et al


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07-1653 - Shaw v. Hallazago et al
January 7, 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 the plaintiff shall pay an initial partial filing fee of $13.86 within thirty (30) days from the date of this order, if he has not already done so. Plaintiff is instructed to make his remittance payable to "Clerk, United States District Court," and to include upon it: (1) his name; (2)his prisoner registration number; (3) the case number; and (4) thatthe 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 at this time. IT IS FURTHER ORDERED that plaintiff shall file an amended complaint within thirty (30) days from the date of this Order. (see order for particulars); IT IS FURTHER ORDERED that, in addition to a copy of this Order, the Clerk shall forward to plaintiff the court-provided form for a prisoner to file a "Complaint Under The Civil Rights Act, 42U.S.C. § 1983."IT IS FURTHER ORDERED that plaintiff's failure to amend his complaint in accordance with this Courts instructions will result in dismissal of this action, without prejudice. See Edgington v. Missouri Department of Corrections, 53 F.3d 777, 779 (8th Cir. 1995). IT IS FURTHER ORDERED that upon the filing of the amended complaint, the Clerk shall resubmit this action to the Court for review pursuant to 28 U.S.C. § 1915(e)(2)(B). ( Amended/Supplemental Pleadings due by 2/6/2008., Initial Partial Filing Fee due by 2/6/2008.). Signed by Mag Judge David D. Noce on 1/7/08. (KKS) ("Complaint Under The Civil Rights Act, 42 U.S.C. § 1983" mailed to petitioner)
July 21, 2008
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MEMORANDUM OPINION For the reasons set forth above, the undersigned grants the motion of defendant CMS for summary judgment and denies the motion of plaintiff to substitute a party. (Docs. 16, 20.) All remaining motions are denied as moot. (Docs. 17, 20.) A Judgment Order in accordance with this Memorandum is filed herewith.. Signed by Mag Judge David D. Noce on 7/21/08. (KMH)