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15-574 - Smith v. Schoefield et al


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15-574 - Smith v. Schoefield et al
February 1, 2016
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MEMORANDUM AND ORDER: Plaintiff's application to proceed without prepayment of fees [Doc. 2] is GRANTED. Nonetheless, because Plaintiff is an inmate, he is ASSESSED the filing fee of three hundred and fifty dollars ($350). To ensure compliance with the fee-collection procedure, the Clerk is DIRECTED to mail a copy of this order to the custodian of inmate accounts at the institution where Plaintiff is now confined. The Clerk is also DIRECTED to furnish a copy of this order to the Court's financial deputy. Accordingly, Defendants Schoefield, Sexton, and Cantrell are, therefore, DISMISSED as parties in this suit. Based on the Court's dismissal of Plaintiff's claims, the Court finds Plaintiff's motion to appoint counsel is DENIED AS MOOT. the Court finds that Plaintiff's contentions fail to state ยง 1983 claims against Defendants and therefore, this case will be DISMISSED sua sponte in its entirety. Signed by District Judge Pamela L Reeves on 2/1/16. (c/m to Plaintiff, custodian of inmate accounts and Court's financial deputy) (JBR)