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17-2179 - Edwards v. McSwain et al


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17-2179 - Edwards v. McSwain et al
August 11, 2017
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis 2 is GRANTED. IT IS FURTHER ORDERED that plaintiff must pay an initial filing fee of $29.00 within twenty-one (21) 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 the Clerk is directed to send plaintiff a prisoner civil rights complaint form. IT IS FURTHER ORDERED that plaintiff must file an amended complaint within twenty-one (21) days of the date of this Order. If plaintiff does not comply with this Order, the Court will dismiss this action without further proceedings. Signed by Magistrate Judge Shirley Padmore Mensah on 8/11/17. (CAR)
December 4, 2017
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MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that the Clerk of Court shall issue process or cause process to issue upon the complaint, pursuant to the service agreement the Court maintains with the Missouri Attorney Generals Office, as to defendants Les Semar, Michael White, and Robert Gould in their individual capacities. IT IS FURTHER ORDERED that the Clerk shall not issue process or cause process to issue upon the complaint as to defendants Ellis McSwain, Kenneth Hovis, and Scott OKelley because, as to these defendants, the complaint is legally frivolous or fails to state a claim upon which relief can be granted, or both. Plaintiffs claims against these defendants are DISMISSED without prejudice. IT IS FURTHER ORDERED that plaintiff's motion for appointment of counsel is DENIED without prejudice. [ECF No. 9] IT IS FUTHER ORDERED that plaintiffs pro se motion for issuance of subpoenas is DENIED as moot. [ECF No. 12 IT IS FURTHER ORDERED that plaintiffs motion to proceed in a timely manner or, in the alternative, be allowed to submit a summary judgment motion is DENIED as moot. [ECF No. 13. Signed by District Judge Audrey G. Fleissig on 12/04/2017. (KCB)