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08-1647 - Williams v. Milam et al

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08-1647 - Williams v. Milam et al
December 18, 2008
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the Clerk receive and file the complaint in this action without prepayment of the required filing fee. See 28 U.S.C. § 1915. IT IS FURTHER ORDERED that plaintiff shall pay an initial partial filing fee of $9.95 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 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 may be granted. See 28 U.S.C. § 1915(e)(2)(B). IT IS FURTHER ORDERED that plaintiff's motion for appointment of counsel is DENIED as moot. [Doc. 4] An appropriate order of dismissal shall accompany this memorandum and order. Re:4 MOTION to Appoint Counsel filed by Plaintiff Rondell Williams motion is DENIED as moot. Signed by Honorable Charles A. Shaw on 12/18/2008. (NCL)