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13-451 - SIMMONS v. BOWMAN, et al


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13-451 - SIMMONS v. BOWMAN, et al
July 12, 2013
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ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOE L. WEBSTER on 7/11/2013; that in forma pauperis status be granted for the sole purpose of entering this Order and Recommendation. FURTHER that within twenty (20) days from the date of this Order Plaintiff make an initial filing fee payment of $13.33. FURTHER that Plaintiff's trust officer shall be directed to pay to the Clerk of this Court 20% of all deposits to his account starting with the month of August, 2013, and thereafter each time that the amount in the account exceeds $10.00 until the $400.00 filing fee has been paid. If an inmate has been ordered to make Prison Litigation Reform Act payments in more than one action or appeal in the federal courts, the total amount collected for all cases cannot exceed 20 percent of the inmate's preceding monthly income or trust account balance, as calculated under 28 U.S.C. § 1915(b)(2). RECOMMENDED that this action be dismissed pursuant to 28 U.S.C. § 1915A for being frivolous or malicious or for failing to state a claim upon which relief may be granted, as well as for seeking monetary relief against a defendant who is immune from such relief. (Sheets, Jamie)
January 13, 2014
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ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 1/13/2014 adopting the Magistrate Judge's Recommendation 3; that Plaintiff's Complaint (Doc. 2) be, and is hereby, DISMISSED pursuant to 28 U.S.C. § 1915A for being frivolous or malicious or for failing to state a claim upon which relief may be granted, as well as for seeking monetary relief against a defendant who is immune from such relief. A Judgment dismissing this action will be entered contemporaneously with this Order. (Sheets, Jamie)