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08-3099 - Hernandez v. Silverman et al


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08-3099 - Hernandez v. Silverman et al
June 16, 2008
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MEMORANDUM AND ORDER-1. Plaintiff's Motion for Leave to Proceed In Forma Pauperis (filing no. 2, amended by filing no. 7) is granted. 2. Plaintiff's request for the appointment of counsel (filing no. 8) is denied without prejudice to reassertion. 3. Plaintiff's Motion to Compel (filing no. 12) is denied. 4. Plaintiff's Motion for an Ex Parte Injunction (filing no. 10) is denied. 5. Plaintiff shall pay an initial partial filing fee of $1.79 by July 11, 2008, unless an enlargement of time is granted in response to a written motion. If the initial partial filing fee is not received by the specified deadline, this case is subject to dismissal. Pro se case management deadline: July 11, 2008: initial partial filing fee payment due. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party and Plaintiff's institution)(LKL)
October 1, 2008
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MEMORANDUM AND ORDER - Plaintiff's claims necessarily implicate the validity of his conviction and incarceration, the court cannot address them in an action brought pursuant to 42 U.S.C. ยง 1983. However, the court will dismiss Plaintiff's claims without prejudice to reassertion in a habeas corpus or similar proceeding. IT IS THEREFORE ORDERED that: Plaintiff's Complaint (filing no. 1) is dismissed without prejudice to reassertion in accordance with this Memorandum and Order. Plaintiff's pending Motions (filing nos. 9, 14, 15, 17, 18.) are denied as moot. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party with Form AO241 packet)(JAB)
December 16, 2008
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ORDER regarding 21 Objection. IT IS THEREFORE ORDERED that: Plaintiff's Objection to Judgment (filing no. 21), construed as a Motion for Reconsideration, is denied. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(LKH)