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07-1927 - Stackhouse v. C.M.S. et al


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07-1927 - Stackhouse v. C.M.S. et al
January 3, 2008
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis [Doc. #2] is GRANTED. IT IS FURTHER ORDERED that plaintiff shall pay an initial partial filing fee of $.90 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 prisoner 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, without good cause shown, the Court will dismiss this action without prejudice. IT IS FURTHER ORDERED that the Clerk shall not issue process or cause process to issue upon the complaint as to defendants C.M.S. and Gene Stubblefield, because the claims against these defendants are legally frivolous and/or fail to state a claim upon which relief may be granted. See 28 U.S.C. 1915(e)(2)(B). IT IS FURTHER ORDERED that, as to defendant Susan Singer, the Clerk shall issue process or cause process to issue upon the complaint. IT IS FURTHER ORDERED that pursuant to 42 U.S.C. 1997e(g)(2), defendant Susan Singer shall reply to the complaint within the time provided by the applicable provisions of Rule 12(a) of the Federal Rules of Civil Procedure. IT IS FURTHER ORDERED that, pursuant to this Court's differentiated case management system, this case is assigned to Track 5B (standard prisoner actions). An appropriate order shall accompany this order and memorandum. ( Initial Partial Filing Fee due by 2/4/2008.) Signed by Honorable Carol E. Jackson on 1/3/08. (KXS)