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17-1982 - Smotherman v. Missouri Department of Corrections et al


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17-1982 - Smotherman v. Missouri Department of Corrections et al
July 26, 2017
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MEMORANDUM AND ORDER - IT IS HEREBY 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 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 noncompliance with this Order, the dismissal will not count as a "strike" under 28 U.S.C. § 1915(g). (Order and forms mailed) Response to Court due by 8/26/2017.. Signed by District Judge John A. Ross on 7/26/17. (KKS)
October 17, 2017
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MEMORANDUM AND ORDER: The Court is in receipt of two letters from Plaintiff inquiring about the dismissal of his case and requesting, inter alia, appointment of counsel (Doc. Nos. 5, 6). On July 17, 2017, Plaintiff filed a Prisoner Civil Rights Complaint under 42 U.S.C. § 1983 without paying the $400 filing fee or filing a motion to proceed in forma pauperis (Doc. No. 1). On July 26, 2017, the Court entered an order directing Plaintiff to either pay the filing fee or submit a motion to proceed in forma pauperis, together with a certified prison account statement, within thirty days (Doc. No. 2). The case was dismissed without prejudice on September 7, 2017 for Plaintiff's failure to comply with the Court's order (Doc. No. 3). Because the case was dismissed for noncompliance, the dismissal does not count as a "strike" under 28 U.S.C. § 1915(g) (Id.). If Plaintiff wishes to proceed with his civil rights claim, he should file a new petition and submit a motion to proceed in forma pauperis, along with a certified prison account statement. This case, however, has been dismissed and the Clerk of Court instructed not to accept any more filings in this closed case. Signed by District Judge John A. Ross on 10/17/17. (CSG)
October 26, 2017
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff shall notify the Court within twenty-one (21) days of the date of this Memorandum and Order whether he wishes to withdraw his Notice of Appeal. If plaintiff wishes to withdraw his notice of appeal, he shall file a motion to withdraw his notice of appeal no later than twenty-one days from the date of thisMemorandum and Order. IT IS FURTHER ORDERED that the Court will hold plaintiff's motion to proceed in forma pauperis on appeal in abeyance until such time as plaintiff notifies the Court whether he wishes to withdraw his notice of appeal. If the Court does not hear from plaintiff within the specified time, the Court will process plaintiff's appeal and assess an initial partial filing fee on appeal. Signed by District Judge John A. Ross on 10/26/2017. (CLO)
April 9, 2018
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED plaintiff's motion to withdraw his appeal [Doc. #12] is GRANTED. IT IS FURTHER ORDERED that the Order of Dismissal in this action entered on September 7, 2017 [Doc. #3] is VACATED and this matter is REOPENED. IT IS FURTHER ORDERED that plaintiffs motion to proceed in forma pauperis on appeal [Doc. #9] is DENIED AS MOOT. IT IS FURTHER ORDERED that the Court will allow plaintiff to proceed in forma pauperis in this matter based on the submission of his prison account statement. [Doc. #10]IT IS FURTHER ORDERED that the plaintiff shall pay an initial filing fee of $38.11 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). An Order of Dismissal will accompany this Memorandum and Order. Signed by District Judge John A. Ross on 4/9/2018. (CLO)