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17-2744 - Mitchell v. Brook


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17-2744 - Mitchell v. Brook
January 16, 2018
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis (Docket No. 2) is GRANTED. IT IS FURTHER ORDERED that, within thirty (30) days of the date of this Memorandum and Order, plaintiff must pay an initial filing fee of $22.59. 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) this case number; and (4) the statement that the remittance is for an original proceeding. IT IS FURTHER 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 Office of the Missouri Attorney General, as to defendant Ryan Brook in his individual capacity.IT IS FURTHER ORDERED that, in his individual capacity, defendant Ryan Brook shall reply to the complaint within the time provided by the applicable provisions of the Federal Rules of Civil Procedure. IT IS FURTHER ORDERED that plaintiff's official capacity claims against defendant Ryan Brook are DISMISSED without prejudice. A separate order of partial dismissal will be entered herewith. IT IS HEREBY CERTIFIED that an appeal from this partial dismissal would not be taken in good faith. Signed by District Judge Catherine D. Perry on January 16, 2018. (MCB)