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08-1328 - Brannon v. Missouri DOC et al


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08-1328 - Brannon v. Missouri DOC et al
September 15, 2008
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [Doc. #2] is GRANTED. IT IS FURTHER ORDERED that the plaintiff shall pay an initial filing fee of $3.18 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 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. IT IS FURTHER ORDERED that plaintiff's motion for appointment of counsel [Doc. #4] is DENIED AS MOOT. An Order of Dismissal will accompany this Memorandum and Order. ( Initial Partial Filing Fee due by 10/15/2008.). Signed by Honorable Henry E. Autrey on 9/15/08. (MJM)