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16-275 - Deramus v. McCoig


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16-275 - Deramus v. McCoig
November 7, 2016
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MEMORANDUM AND ORDER: Based on the foregoing, Plaintiff's motion for leave to proceed in forma pauperis [Doc. 2] is GRANTED and his motion to appoint counsel [Doc. 3] and motion for default judgment [Doc. 7] are both DENIED. 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. This order shall be placed in Plaintiffs prison file and follow him if he is transferred to another correctional institution. The Court further finds that Plaintiff failed to allege adequate facts to support a claim that his conditions of confinement during his temporary stay in the drunk tank amounted to a violation of his constitutional rights. Therefore, Plaintiff's claims regarding his conditions of confinement are DISMISSED under 28 U.S.C. ยง 1915(e)(2)(B)(ii). The Clerk is DIRECTED to send Plaintiff a service packet (a blank summons and USM 285 form) for Defendant. Plaintiff is ORDERED to complete the service packet and return it to the Clerk's Office within twenty (20) days of the date of this Order. Signed by District Judge J Ronnie Greer on 11/07/2016. (C/M to Custodian of Inmate Accounts; to pro se Plaintiff along with service packet; email to financial deputy) (AMP)
November 30, 2016
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MEMORANDUM AND ORDER denying as moot 9 MOTION for Hearing filed by Edmond B Deramus. Now before the Court is Plaintiff's motion for a hearing [Doc. 9]. Therein, Plaintiff requests that a hearing be set for unspecified pending motions he filed in this action [Id.]. However, the Court's order filed on November 7, 2016 addresses all previously pending motions [Doc. 10]. Because there are no pending motions in this matter at this time, Plaintiff's motion for a hearing [Doc. 9] is DENIED as moot. Signed by District Judge J Ronnie Greer on 11/30/2016. (C/M to pro se Plaintiff) (AMP)