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08-406 - McMahan et al v. Franklin County Adult Detention Facility et al


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08-406 - McMahan et al v. Franklin County Adult Detention Facility et al
April 7, 2008
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff Daniel R. McMahan is DENIED leave to commence this action without payment of the statutory filing fee 2. IT IS FURTHER ORDERED that plaintiff Daniel R. McMahan shall have thirty (30) days from the date of this order to pay the $350 filing fee.IT IS FURTHER ORDERED that if plaintiff Daniel R. McMahan fails to pay the filing fee within thirty (30) days, the Court will dismiss him, without prejudice, as a party-plaintiff to this action. See Rule 41(b) of the Federal Rules of Civil Procedure. IT IS FURTHER ORDERED that plaintiff Shawn Scrivens motion for leave to proceed in forma pauperis 3 is HELD IN ABEYANCE.IT IS FURTHER ORDERED that plaintiff Shawn Scrivens shall file a certified copy of his inmate trust fund account statement for the six month period immediately preceding the filing of his complaint on March 24, 2008. IT IS FURTHER ORDERED that if plaintiff Shawn Scrivens fails to submit a certified copy of his inmate trust fund account statement within thirty (30) days, the Court will dismiss this action without prejudice. See Rule 41(b) of the Federal Rules of Civil Procedure. IT IS FURTHER ORDER that if plaintiff Shawn Scrivens submits his inmate trust fund account statement within thirty days, the Clerk shall resubmit this action for review under 28 U.S.C.ยง 1915. Signed by Mag Judge Mary Ann L. Medler on 4/7/08. (ARL)
May 14, 2008
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiff Scrivens' motion to proceed in forma pauperis [Doc. #3] is GRANTED. IT IS FURTHER ORDERED that the plaintiff Scrivens is excused from paying the initial partial filing fee in this action. IT IS FURTHER ORDERED that plaintiffs' motion for injunctive relief [Doc. #4] is DENIED AS MOOT. IT IS FURTHER ORDERED that plaintiff McMahan's motion to amend his allegations against defendants [Doc. #5] is DENIED AS MOOT given plaintiff's voluntary dismissal of his allegations. IT IS FURTHER ORDERED that the Clerk shall not issue process or cause process to issue upon the complaint because the complaint is legally frivolous or fails to state a claim upon which relief can be granted, or both. An Order of Dismissal will accompany this Memorandum and Order. Signed by Honorable Jean C. Hamilton on 5/14/08. (MJM)