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15-1455 - Toler v. Lotz et al


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15-1455 - Toler v. Lotz et al
February 2, 2016
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis [Doc. 2] is GRANTED. IT IS FURTHER ORDERED that the Clerk shall issue process or cause process to issue upon the complaint as to defendants Missouri Department of Mental Health, Southeast Missouri Mental Health Center, Sexual Offender Rehabilitation and Treatment Services, Dr. Jay Engelhart, Mary Tinker, Megan Allen, Brenda Swift, David Shmitt, Richard Russell, Sarah Krummel, Sue Fishbeck, and Brooke Higgins in their individual and official capacities. IT IS FURTHER ORDERED that said defendants 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 said defendants shall file a response to plaintiff's motion for a preliminary injunction [Doc. 3] no later than fifteen days after they file their responsive pleading(s) to the complaint. IT IS FURTHER ORDERED that, as to defendants Chuck Lotz and Janine Semar, the Clerk shall not issue process or cause process to issue, 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, as to defendants Dr. Jay Engelhart, Mary Tinker, Megan Allen, Brenda Swift, David Shmitt, Richard Russell, Sarah Krummel, Sue Fishbeck, and Brooke Higgins, plaintiff's claims for the failure to provide Jewish ritual practice items (Count III) are legally frivolous and fail to state a claim upon which relief may be granted. See 28 U.S.C. ' 1915(e)(2)(B). These claims are, however, sufficient to proceed against defendants Missouri Department of Mental Health and Southeast Missouri Mental Health Center, Sexual Offender Rehabilitation and Treatment Services. IT IS FURTHER ORDERED that plaintiff's claims for conspiracy and for the refusal to allow him to use his religious name (Count IV) are legally frivolous and fail to state a claim upon which relief may be granted. See 28 U.S.C. ' 1915(e)(2)(B). A separate Order of Partial Dismissal shall accompany this Memorandum and Order.. Signed by District Judge Rodney W. Sippel on 2/2/16. (LGK)