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08-033 - Guest v. Brock et al


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08-033 - Guest v. Brock et al
February 13, 2008
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis 2 is GRANTED. IT IS FURTHER ORDERED that the plaintiff shall pay an initial filing fee of $17.03 within 30 days of the date of this Order. IT IS FURTHER ORDERED that if plaintiff fails to pay the initial partial filing fee within 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 Brock. IT IS FURTHER ORDERED that defendant Brock shall reply to plaintiff's claims within the time provided by the applicable provisions of Rule 12(a). IT IS FURTHER ORDERED that the Clerk shall not issue process or cause process to issue upon the complaint as to defendant Stubblefield because, as to this defendant, the complaint is legally frivolous or fails to state a claim upon which relief can be granted, or both. IT IS FURTHER ORDERED that his case is assigned to Track 5B.( Initial Partial Filing Fee due by 3/13/2008.). Signed by Honorable Catherine D. Perry on 2/13/08. (BAK)