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- moed;;2:16-cv-00006_de7 RegisterActionDate "2016-06-03" @default.
- moed;;2:16-cv-00006_de7 RegisterActionDescriptionText "MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [Doc. 2 ] is GRANTED. IT IS FURTHER ORDERED that plaintiff shall pay an initial filing fee of $4.33 within thirty (30) days of the date of this Order. Plaintiff is instructed to make his remittance payable to "Clerk, United States District Court," and to include upon it: (1) his name; (2) his prison registration number; (3) the case number; and (4) that the remittance is for an original proceeding. IT IS FURTHER ORDERED that if plaintiff fails to pay the initial partial filing fee within thirty (30) days, without first showing good cause, the Court will dismiss this action without prejudice and without further notice to plaintiff. IT IS FURTHER ORDERED that, as to defendants EEFF41B, 4989017, 9836AA2, James Hurley, and Alan Earls, the Clerk shall not issue process or cause process to issue, because the complaint is legally frivolous and fails to state a claim upon which relief can be granted. See 28 U.S.C. ' 1915(e)(2)(B). IT IS FURTHER ORDERED that, as to defendant EBC9E5E in his individual capacity, the Clerk shall issue process or cause process to be issued upon the complaint relative to plaintiffs First and Eighth Amendment claims under 42 U.S.C. § 1983, as well as his pendent state-law claims. IT IS FURTHER ORDERED that the complaint is DISMISSED, without prejudice, as to defendant EBC9E5E in all other respects. See 28 U.S.C. ' 1915(e)(2)(B). IT IS FURTHER ORDERED that, in his individual capacity and consistent with this Order, defendant EBC9E5E shall file an answer or other responsive pleading directed to the complaint, consistent with this Memorandum and Order, within the time provided by the applicable provisions of Rule 12(a) of the Federal Rules of Civil Procedure. IT IS FURTHER ORDERED that, pursuant to the Court's differentiated case management system, this case is assigned to Track 5B (standard prisoner actions). A separate Order of Partial Dismissal shall accompany this Memorandum and Order. Signed by District Judge Jean C. Hamilton on 6/3/16. (KJS) (Entered: 06/03/2016)" @default.
- moed;;2:16-cv-00006_de7 AdministrativeID "4" @default.
- moed;;2:16-cv-00006_de7 hasJudgeReference SJ002215 @default.
- moed;;2:16-cv-00006_de7 hasReferenceToOtherEntry moed;;2:16-cv-00006_de1 @default.