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16-1103 - McIntosh v. USA


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16-1103 - McIntosh v. USA
July 8, 2016
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the Clerk shall mail to plaintiff a copy of the Court's form Prisoner Civil Rights Complaint. IT IS FURTHER ORDERED that the Clerk shall mail to plaintiff a copy of the Court's Motion to Proceed in Forma Pauperis - Prisoner Cases. IT IS FURTHER ORDERED that plaintiff shall file an amended complaint on the Court-provided form within (30) days of the date of this Order. IT IS FURTHER ORDERED that plaintiff shall either pay the $400 filing fee or submit a motion to proceed in forma pauperis within thirty (30) days of the date of this Order. IT IS FURTHER ORDERED that if plaintiff submits a motion to proceed in forma pauperis, he must also submit a certified copy of his prison account statement for the six month period immediately preceding the filing of his complaint. IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order, the court will dismiss this action without prejudice. If the case is dismissed, the dismissal will not constitute a "strike" under 28 U.S.C. § 1915 (g). Signed by District Judge Jean C. Hamilton on 7/8/2016. (Show Cause Response due by 8/7/2016.) (Copy of 7/8/2016 Order, Prisoner Civil Rights Complaint and Motion to Proceed in Forma Pauperis - Prisoner Cases mailed to Rodney O. McIntosh 7/8/2016.) (GGB)
September 13, 2016
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiffs motion for reconsideration [ECF No. 5] is GRANTED.IT IS FURTHER ORDERED that the Courts Order of Dismissal [ECF No. 4] is VACATED.IT IS FURTHER ORDERED that the Clerk is directed to mail to plaintiff a copy of the Courts prisoner civil rights complaint form.IT IS FURTHER ORDERED that the Clerk is directed to mail to plaintiff a copy of the motion to proceed in forma pauperis form for prisoners.IT IS FURTHER ORDERED that plaintiff must file an amended complaint on the Courts form within thirty (30) days of the date of this Order.IT IS FURTHER ORDERED that plaintiff must either pay the $400 filing fee or submit a motion to proceed in forma pauperis within thirty (30) days of the date of this Order. IT IS FURTHER ORDERED that if plaintiff files a motion to proceed in forma pauperis, he must also file a certified copy of his prison account statement for the six-month period preceding the filing of the complaint. IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order, the Court will dismiss this action without prejudice. If the case is dismissed for non-compliance with this Order, the dismissal will not count as a strike under 28 U.S.C. § 1915(g).5 ( Response to Court due by 10/13/2016.) Signed by District Judge Jean C. Hamilton on 9/13/16. CC: Petitioner w/copy of forms.(CLA)
December 1, 2016
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [ECF No. 8] is GRANTED. IT IS FURTHER ORDERED that the plaintiff shall pay an initial filing fee of $1.00 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 this action is DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B) and Fed.R.Civ.P.12(h)(3). IT IS FURTHER ORDERED that remaining motions are DENIED AS MOOT. An Order of Dismissal will accompany this Memorandum and Order. Signed by District Judge Jean C. Hamilton on 12/1/2016. (Response to Court due by 12/30/2016) (GGB)
April 24, 2017
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MEMORANDUM AND ORDERIT IS HEREBY ORDERED that plaintiffs motion to recall the mandate, interpreted asa motion for waiver of the filing fee [Doc. #16] is DENIED.IT IS FURTHER ORDERED that an appeal of the denial of this motion would not betaken in good faith. 16 Signed by District Judge Jean C. Hamilton on 4/24/17. (CLA)
May 3, 2017
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiffs motion to reconsider the Courts Order denying plaintiffs motion to recall the mandate [Doc. #18] is DENIED. IT IS FURTHER ORDERED that an appeal of the denial of this motion would not be taken in good faith. IT IS FURTHER ORDERED that plaintiff shall not be allowed to file any further motions in this closed action, save a notice of appeal or motions relating to a notice of appeal. Signed by District Judge Jean C. Hamilton on 5/3/17. (KJS)
June 11, 2018
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of Court shall return said motions to plaintiff forthwith.31 Signed by District Judge Jean C. Hamilton on 6/11/18. (CLA)MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiffs post-appeal motion for relief from judgment [Doc. #31] is DENIED. IT IS FURTHER ORDERED that an appeal of this case would not be taken in good faith. IT IS FURTHER ORDERED that plaintiff is not be allowed to file any further motions in this closed action, save a notice of appeal or motions related to his notice of appeal. Should plaintiff attempt to file additional frivolous motions in this closed case not related to an appeal, the Clerk