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08-1632 - Barry v. S & H Towing

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08-1632 - Barry v. S & H Towing
November 18, 2008
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's financial affidavit, construed as a motion to proceed in forma pauperis 2 is GRANTED. 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 and fails to state a claim upon which relief can be granted. IT IS FURTHER ORDERED that plaintiff's motion for appointment of counsel 3 is DENIED as moot. An appropriate Order of Dismissal shall accompany this Memorandum and Order. Signed by Honorable Jean C. Hamilton on 11/18/08. (TRC)