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13-692 - LATTIMORE v. HERRON et al


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13-692 - LATTIMORE v. HERRON et al
January 14, 2014
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ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOI ELIZABETH PEAKE on 01/14/2014, that in forma pauperis status be granted for the sole purpose of entering this Order and Recommendation.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 February, 2014, 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). FURTHER that Plaintiff's Motion for Appointment of Counsel [Doc. #3] is DENIED. RECOMMENDED that this action be dismissed pursuant to 28 U.S.C. § 1915A for failing to state a claim upon which relief may be granted. (Taylor, Abby)