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08-155 - Anderson v. Larkins et al


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08-155 - Anderson v. Larkins et al
February 15, 2008
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OPINION, 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 $15.90 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 proces to issue upon the complaint as to defendant Haman. IT IS FURTHER ORDERED that, pursuant to 42 USC 1997e(g)(2), defendant Haman 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 SI FURTHER ORDERED that the Clerk shall not issue process or cause process to issue upon the complaint as to defendants Larkins, Smith, John Doe, Roberson and Portell 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. An appropriate Order of Partial Dismissal shall accompany this Memorandum and Order. Signed by Honorable Henry E. Autrey on 2/15/08. (TRC)
February 15, 2008
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ORDER OF PARTIAL DISMISSAL: IT IS HEREBY ORDERED that, as to defendants Larkins, Smith, John Doe, Roberson and Portell, plaintiff's complaint is DISMISSED, without prejudice pursuant to 28 U.S.C.1915(e)(2)(B). Party Unknown Portell; Unknown Roberson; Pat Smith; John Doe and Steve Larkins terminated. Signed by Honorable Henry E. Autrey on 2/15/08. (TRC)
November 18, 2008
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OPINION, MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendants' Motion for Summary Judgment, [Doc. No. 15], is GRANTED. A separate judgment in accordance with the Opinion is entered this same date. Signed by Honorable Henry E. Autrey on 11/18/08. (MJM)