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18-522 - Pearson v. Woodson et al


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18-522 - Pearson v. Woodson et al
April 10, 2018
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MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that plaintiff's motion for appointment of counsel Doc. #4 is DENIED at this time. Signed by Magistrate Judge John M. Bodenhausen on 4/10/18. (ARL)
April 10, 2018
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [Doc. #2] is GRANTED. IT IS FURTHER ORDERED that the plaintiff shall pay an initial filing fee of $24.61 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 if plaintiff fails to pay the initial partial filing fee within thirty (30) days of the date of this Order, then this case will be dismissed without prejudice. IT IS FURTHER ORDERED that the Clerk shall issue process or cause process to issue upon the complaint as to defendant Myron Woodson in his individual capacity. Defendant Woodson, a Missouri Department of Corrections employee, shall be served through the waiver agreement this Court maintains with the Attorney General's Office. IT IS FURTHER ORDERED that, pursuant to 42 U.S.C. § 1997e(g)(2), defendant Myron Woodson shall reply to plaintiffs claims within the time provided by the applicable provisions of Rule 12(a) of the Federal Rules of Civil Procedure. IT IS FURTHER ORDERED that plaintiffs claims against Myron Woodson in his official capacity are subject to dismissal as these claims fail to state a claim upon which relief may be granted. See 28 U.S.C. § 1915(e)(2)(B). IT IS FURTHER ORDERED that the Clerk shall not issue process or cause process to issue upon the complaint as to defendants Chantay Godert, Ryan Crews and Unknown Male Corrections Officer because, as to these defendants, the complaint is legally frivolous or fails to state a claim upon which relief can be granted, or both. IT IS FURTHER ORDERED that plaintiff has ninety (90) days to amend his pleading to add the specific identity of Unknown Male Corrections Officer. IT IS FURTHER ORDERED that this case is assigned to Track 5: Prisoner Standard. An Order of Partial Dismissal will accompany this Memorandum and Order. Signed by District Judge Ronnie L. White on April 10, 2018. (BRP)