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08-327 - Wilson v. Lancaster et al


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08-327 - Wilson v. Lancaster et al
April 10, 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 plaintiff shall pay an initial partial filing fee of $2.23 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 prison registration number; (3) the case number; and (4) that the remittance is for an original proceeding.IT IS FURTHER ORDERED that, as to defendant Department of Corrections, the Clerk shall not issue process or cause process to issue upon the complaint, because as to this defendant, the complaint is legally frivolous and/or fails 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 Tim Lancaster, 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 Tim Lancaster 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). Signed by Honorable Stephen N. Limbaugh on 4/10/08. (LAH, )