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08-053 - Pharris v. O'Neal et al


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08-053 - Pharris v. O'Neal et al
February 8, 2008
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis is GRANTED. [Doc. 2] IT IS FURTHER ORDERED that the plaintiff shall pay an initial filing fee of $2.43 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 defendants ONeal and Rayford, both of whom are alleged to be employees of Correctional Medical Services. IT IS FURTHER ORDERED that, pursuant to 42 U.S.C. ยง 1997e(g)(2), defendants ONeal and Rayford shall reply to plaintiff's 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 defendants Sloan or Long 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 5B: Prisoner Standard. Re:2 MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) filed by Plaintiff Michael Jay Pharris motion is Granted. Signed by Honorable Charles A. Shaw on 2/8/2008. (NCL)
April 14, 2008
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MEMORANDUM AND ORDER. ORDERED that Plaintiff's motion for appointment of counsel is DENIED without prejudice. 17 Signed by Mag Judge Thomas C. Mummert, III on 4/14/08. (KLH)
December 16, 2008
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that defendant ONeail's motion to dismiss for failure to exhaust administrative remedies is GRANTED. [Doc. 10]IT IS FURTHER ORDERED that defendant O'Neail's motion for summary judgment is DENIED as moot. [Doc. 25] An Order of Dismissal shall accompany this Memorandum and Order. Signed by Mag Judge Thomas C. Mummert, III on December 16, 2008. (MCB)
December 16, 2008
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ORDER OF DISMISSAL PURSUANT TO 42 U.S.C. SECTION 1997e(a) IT IS HEREBY ORDERED that Plaintiff's complaint is DISMISSED, without prejudice, pursuant to 42 U.S.C. Section 1997e(a). IT IS HEREBY CERTIFIED that an appeal from this dismissal would not be taken in good faith. See 28 U.S.C. Section 1915(a)(3). Signed by Mag Judge Thomas C. Mummert, III on December 16, 2008. (MCB)