LaPine #305535 v. Lincoln et al
| Darrin LaPine #305535 |
| Robert Lincoln, Unknown Traylor, Unknown Ball, Unknown Desjarden, Unknown Turvo, Unknown Hoppes, Unknown Reed, Unknown Williams, D. Hall, Unknown Part(y)(ies) #1, Unknown Part(y)(ies) #2, Unknown Heffbower, Unknown Kerr, Unknown Part(y)(ies) #3, Unknown Part(y)(ies) #4 and Tony Trierweiler |
| Mediator |
| 1:2022cv00675 |
| July 25, 2022 |
| US District Court for the Western District of Michigan |
| Southern Division (1) Office |
| Phillip J Green |
| Paul L Maloney |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 31, 2023. A more recent docket listing may be available from PACER.
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Filing 57
BRIEF in support of UNOPPOSED MOTION to stay TO STAY PROCEEDINGS FOR 21 DAYS WITH A CERTIFICATE OF SERVICE #56 WITH A CERTIFICATE OF SERVICE filed by Unknown Ball, D. Hall, Unknown Hoppes, Unknown Reed, Unknown Traylor, Unknown Turvo, Unknown Williams (Ho, Joseph)
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Filing 56
UNOPPOSED MOTION to stay TO STAY PROCEEDINGS FOR 21 DAYS WITH A CERTIFICATE OF SERVICE by defendants Unknown Ball, D. Hall, Unknown Hoppes, Unknown Reed, Unknown Traylor, Unknown Turvo, Unknown Williams; (Ho, Joseph)
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Filing 55
ORDER dismissing #52 motion for order ; signed by Magistrate Judge Phillip J. Green (ald)
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Filing 54
MINUTES held before Magistrate Judge Phillip J. Green of status conference (Proceedings Digitally Recorded) (ald)
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Copy of Order on Motion for Order #55 sent via U.S. Mail to Darrin LaPine #305535 (mg)
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Filing 53
BRIEF in support of MOTION to dismiss MOTION for order REVOKE IN FORMA PAUPERIS STATUS WITH A CERTIFICATE OF SERVICE #52 filed by Unknown Ball, Unknown Desjarden, D. Hall, Unknown Hoppes, Unknown Reed, Unknown Traylor, Unknown Turvo, Unknown Williams (Attachments: #1 Exhibit 1: Rittner v. Kinder, 290 F. App'x 796, 797 (6th Cir. Aug. 20, 2008)) (Ho, Joseph)
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Filing 52
MOTION to dismiss ( responses due 9/30/2022;), MOTION for order REVOKE IN FORMA PAUPERIS STATUS WITH A CERTIFICATE OF SERVICE by defendants Unknown Ball, Unknown Desjarden, D. Hall, Unknown Hoppes, Unknown Reed, Unknown Traylor, Unknown Turvo, Unknown Williams; (Ho, Joseph)
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Filing 51
(DISREGARD) ORDER of USCA (certified copy) re appeal #7 filed granting appellant's motion to voluntary dismiss the case ; no mandate to issue (ns) Modified text on 7/28/2022; entered in wrong case (ns).
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Filing 50
NOTICE OF SEVERED CASE (ns)
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Copy of Opinion #48 , Order on Motion to Sever, Order on Motion to Dismiss, #49 sent via U.S. Mail to Darrin LaPine #305535 (ns)
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Copy of Notice #50 sent via U.S. Mail to Darrin LaPine #305535 (ns)
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Filing 49
ORDER granting in part and denying in part #38 motion to sever; and denying without prejudice #42 motion to revoke IFP and Dismiss; signed by Magistrate Judge Phillip J. Green (jkw)
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Filing 48
OPINION; signed by Magistrate Judge Phillip J. Green (jkw)
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Filing 47
REPLY to response to motion #38 , #42 with a Certificate of Service filed by Unknown Ball, Unknown Desjarden, D. Hall, Unknown Hoppes, Unknown Kerr, Robert Lincoln, Unknown Reed, Unknown Traylor, Unknown Turvo, Unknown Williams (Ho, Joseph)
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Filing 46
RESPONSE TO MOTION to dismiss and MOTION to sever to revoke in forma pauperis status with a certificate of service #42 , MOTION to sever to revoke in forma pauperis status , and MOTION to dismiss with concurrence statement and certificate of service #38 filed by Darrin LaPine #305535 (ns) Modified text on 4/6/2022 (ns).
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Filing 45
WAIVER OF SERVICE returned executed as to Unknown Kerr waiver sent on 12/21/2021, answer due 2/22/2022 (ns)
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Filing 44
ORDER TO SHOW CAUSE re motions #38 and #42 ; responses due by 4/8/2022; signed by Magistrate Judge Phillip J. Green (jkw)
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Copy of Order to Show Cause (Deadline Re Motion) #44 sent via U.S. Mail to Darrin LaPine #305535 (ns)
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Filing 43
BRIEF in support of MOTION to dismiss and MOTION to sever to revoke in forma pauperis status with a certificate of service #42 with a certificate of service filed by Unknown Kerr (Ho, Joseph) Modified text on 2/8/2022 (ns).
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Filing 42
MOTION to dismiss and, MOTION to sever to revoke in forma pauperis status with a certificate of service by defendant Unknown Kerr; (Ho, Joseph) Modified text on 2/8/2022 (ns).
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Filing 41
DEMAND for TRIAL BY JURY by defendant Unknown Kerr (Ho, Joseph)
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Filing 40
ATTORNEY SUBSTITUTION adding attorney Joseph Y. Ho (P77390) in the place of Alicia Lane (P62872)with certificate of service (Ho, Joseph) Modified text on 2/16/2022 (ns).
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Filing 39
BRIEF in support of MOTION to sever to revoke in forma pauperis status, and MOTION to dismiss with concurrence statement and certificate of service #38 with word count concurrence and a certificate of service filed by Unknown Ball, Unknown Desjarden, D. Hall, Unknown Hoppes, Robert Lincoln, Unknown Reed, Unknown Traylor, Unknown Turvo, Unknown Williams (Attachments: #1 Exhibit Ex 1: Prince v. Elum, No. 12-cv-15526 (E.D. Mich. Jan. 14, 2013)) (Ho, Joseph)
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Filing 38
MOTION to sever to revoke in forma pauperis status, and, MOTION to dismiss with concurrence statement and certificate of service by defendants Unknown Ball, Unknown Desjarden, D. Hall, Unknown Hoppes, Robert Lincoln, Unknown Reed, Unknown Traylor, Unknown Turvo, Unknown Williams; (Ho, Joseph) Modified text on 2/1/2022 (ns).
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Filing 37
NOTICE that this case is reassigned to District Judge Jane M. Beckering under #Administrative Order No. 22-CA-01 ; District Judge Paul L. Maloney is no longer assigned to the case (eod)
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Copy of Notice Regarding Reassignment (JMB), #37 sent via U.S. Mail to Darrin LaPine #305535 (eod)
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Filing 36
CASE MANAGEMENT ORDER; discovery to be completed by 4/29/2022; dispositive motions due by 5/27/2022; signed by Magistrate Judge Phillip J. Green (jkw)
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Copy of Case Management Order (Prisoner Civil Rights Case) #36 sent via U.S. Mail to Darrin LaPine (mlc)
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Filing 35
ATTORNEY SUBSTITUTION adding attorney Joseph Y. Ho in the place of Alicia Lane (Ho, Joseph)
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Filing 34
DEMAND for TRIAL BY JURY by defendants Unknown Ball, Unknown Desjarden, D. Hall, Unknown Hoppes, Robert Lincoln, Unknown Reed, Unknown Traylor, Unknown Turvo, Unknown Williams [Attorney Joseph Ho added to party Unknown Ball(pty:dft), Attorney Joseph Ho added to party Unknown Desjarden(pty:dft), Attorney Joseph Ho added to party D. Hall(pty:dft), Attorney Joseph Ho added to party Unknown Hoppes(pty:dft), Attorney Joseph Ho added to party Robert Lincoln(pty:dft), Attorney Joseph Ho added to party Unknown Reed(pty:dft), Attorney Joseph Ho added to party Unknown Traylor(pty:dft), Attorney Joseph Ho added to party Unknown Turvo(pty:dft), Attorney Joseph Ho added to party Unknown Williams(pty:dft)] (Ho, Joseph)
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SECOND NOTICE OF LAWSUIT/REQUEST FOR WAIVER of service delivered to USM as to defendant Unknown Kerr (klb)
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Filing 33
WAIVER OF SERVICE returned executed as to Unknown Ball waiver sent on 10/25/2021, answer due 12/27/2021; Unknown Desjarden waiver sent on 10/25/2021, answer due 12/27/2021; D. Hall waiver sent on 10/25/2021, answer due 12/27/2021; Unknown Hoppes waiver sent on 10/25/2021, answer due 12/27/2021; Robert Lincoln waiver sent on 10/25/2021, answer due 12/27/2021; Unknown Reed waiver sent on 10/25/2021, answer due 12/27/2021; Unknown Traylor waiver sent on 10/25/2021, answer due 12/27/2021; Unknown Turvo waiver sent on 10/25/2021, answer due 12/27/2021; Unknown Williams waiver sent on 10/25/2021, answer due 12/27/2021 (ns)
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NOTICE OF LAWSUIT/REQUEST FOR WAIVER of service delivered to USM as to defendants Unknown Ball, Unknown Desjarden, D. Hall, Unknown Hoppes, Unknown Kerr, Robert Lincoln, Unknown Reed, Unknown Traylor, Unknown Turvo, Unknown Williams (ns)
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COPIES FOR SERVICE received re Order #32 (ns)
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Copy of Order Regarding Service - Prisoner (Copies Needed), #32 , Complaint with Magistrate Referral #1 sent via U.S. Mail to Darrin LaPine #305535 (ns)
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Filing 32
ORDER REGARDING SERVICE: within 14 days, plaintiff shall file a copy of this order and sufficient additional copies of the complaint for service upon defendants; upon receipt of the copies, the Clerk is to arrange for service of this order and the complaint upon the defendants ; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc)
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Filing 31
MOTION for relief from #29 , #28 by plaintiff Darrin LaPine #305535; (ns)
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Filing 30
RETURNED MAIL: Copy of Order Regarding Service - Prisoner (Copies Needed), #27 that was sent via U.S. Mail to Darrin LaPine #305535 returned to the Court marked insufficient address, unable to forward; documents #1 , #27 , #28 and #29 resent to the corrected address (zip code was corrected to match #24 ) (ns)
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Certified Copy of Judgment Dismissing Case #29 , Order Dismissing Case (no motion) #28 sent via U.S. Mail to Darrin LaPine #305535 (mg)
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Filing 29
JUDGMENT dismissing case without prejudice; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
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Filing 28
ORDER DISMISSING CASE for lack of prosecution and failure to comply with court order; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
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RECEIPT (Prisoner Litigation): filing fee installment in the amount of $0.50, receipt number GR074513; amount paid to date $0.50 (mkc)
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Copy of Order Regarding Service - Prisoner (Copies Needed), #27 , Complaint with Magistrate Referral #1 sent via U.S. Mail to Darrin LaPine #305535 (ns)
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Filing 27
ORDER LIFTING STAY and REGARDING SERVICE: within 14 days, plaintiff shall file a copy of this order and sufficient additional copies of the complaint for service upon defendants; upon receipt of the copies, the Clerk is to arrange for service of this order and the complaint upon the defendants; signed by Magistrate Judge Phillip J. Green (jkw)
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Filing 26
REPORT of early mediation held 6/4/21; mediation is complete and case did not settle (Seitz, Theodore)
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Filing 25
LETTER from ADR Administrator to plaintiff regarding Prisoner Civil Rights Mediation Program (mg)
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Copy of Letter #25 sent via U.S. Mail to Darren LaPine #305535 (tlbu)
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Copy of Order Setting Early Mediation Conference #23 sent via U.S. Mail to Darrin LaPine #305535 P.O. Box 149 Brimley, MI 49503; remailed per #24 (mg)
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Filing 23
ORDER SETTING EARLY MEDIATION CONFERENCE for June 4, 2021 at 9:15am; Mediator Theodore W. Seitz added; mediation statement and mediation supplement due May 21, 2021 ; signed by Magistrate Judge Phillip J. Green (mg)
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Copy of Order Setting Early Mediation Conference #23 sent via U.S. Mail to Darrin LaPine #305535 (mg)
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Filing 24
CHANGE OF ADDRESS for plaintiff Darrin LaPine #305535 to P.O. Box 149, Brimley, MI 49715 (confirmed on MDOC website that plaintiff was paroled 4/28/21) (ems)
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Filing 22
CERTIFICATE OF SERVICE by defendants Unknown Ball, Unknown Desjarden, D. Hall, Unknown Hoppes, Unknown Kerr, Robert Lincoln, Unknown Reed, Unknown Traylor, Unknown Turvo, Unknown Williams re Attorney Appearance (Limited), (Lane, Alicia)
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(NON-DOCUMENT) LIMITED ATTORNEY APPEARANCE of Alicia Lane on behalf of defendants Unknown Ball, Unknown Desjarden, D. Hall, Unknown Hoppes, Unknown Kerr, Robert Lincoln, Unknown Reed, Unknown Traylor, Unknown Turvo, Unknown Williams for purposes of the Prisoner Civil Rights Litigation Early Mediation Program (Lane, Alicia)
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Filing 21
ORDER STAYING CASE and referring to EARLY MEDIATION: case is stayed for 120 days to allow parties to participate in mediation; collection of the filing fee is suspended; the 90-day period for service is tolled; the MI Attorney General shall enter a limited appearance by February 5, 2021; w/attached Protocol ; signed by Magistrate Judge Phillip J. Green (lep)
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Copy of Opinion (Screening) #19 , Order Staying Case and Referring to Early Mediation Program, #21 , Order #20 , Order to Proceed IFP - Without Payment of Initial Fee - Prisoner, #18 sent via U.S. Mail to Darrin LaPine #305535 (ns)
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Filing 20
ORDER for partial dismissal; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc)
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Filing 19
OPINION; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc)
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Filing 18
ORDER TO PROCEED IN FORMA PAUPERIS and FOR PAYMENT OF FILING FEE: plaintiff may proceed in forma pauperis without payment of an initial partial filing fee; plaintiff to remain liable for the filing fee as funds become available ; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc)
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Filing 17
MANDATE of USCA re appeal #7 (ns)
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Filing 16
LETTER from Darrin LaPine #305535 requesting copies (Attachments: #1 Response from Clerk) (ns)
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CHANGE OF ADDRESS for plaintiff Darrin LaPine #305535 to Macomb Correctional Facility (as taken from #16 ) (ns)
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Filing 15
ORDER of USCA (certified copy) re appeal #7 filed vacating district court's judgment and remanding the case to the district court ; mandate to issue (ns)
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Filing 14
ORDER of USCA (certified copy) re appeal #7 filed granting the IFP motion (ns)
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Copy of Order Denying IFP on Appeal (Three Strikes) - Prisoner #13 sent via U.S. Mail to Darrin LaPine #305535 (ns)
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Filing 13
ORDER DENYING IFP: plaintiff to pay the entire appeal fee of 505.00 within 28 days or the appeal may be dismissed by the Sixth Circuit Court of Appeals; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc)
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Filing 12
MOTION for leave to appeal in forma pauperis by plaintiff Darrin LaPine #305535; (ns)
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Copy of Order Denying IFP on Appeal (Three Strikes) - Prisoner #11 sent via U.S. Mail to Darrin LaPine #305535 (ns)
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Filing 11
ORDER DENYING IFP: plaintiff to pay the entire appeal fee of 505.00 within 28 days or the appeal may be dismissed by the Sixth Circuit Court of Appeals; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc)
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Filing 10
JUDGMENT dismissing case without prejudice; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc)
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Filing 9
ORDER DISMISSING CASE: without prejudice for want of prosecution; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc)
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Certified Copy of Judgment Dismissing Case #10 , Order Dismissing Case (no motion) #9 sent via U.S. Mail to Darrin LaPine #305535 (ns)
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Filing 8
LETTER FROM CCA regarding appeal #7 indicating that case will be held in abeyance pending motion for reconsideration filed 3/29/2019 (ns)
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CASE NUMBER 19-1403 assigned by the Sixth Circuit to appeal #7 (mkc)
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LETTER FROM CCA regarding appeal #7 indicating that appeal has been docketed (ns)
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Copy of Notice of Interlocutory Appeal #7 with a docket sheet sent via U.S. Mail to Darrin LaPine #305535 (ns)
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Filing 7
NOTICE OF INTERLOCUTORY APPEAL re #4 , #3 by plaintiff Darrin LaPine #305535 (ns)
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Filing 6
CHANGE OF ADDRESS for plaintiff Darrin LaPine #305535 to Saginaw Correctional Facility (ns)
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Filing 5
MOTION for reconsideration re #4 by plaintiff Darrin LaPine #305535; (ns)
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Copy of Order Denying IFP - Three Strikes - Prisoner #4 , Opinion (Screening) #3 sent via U.S. Mail to Darrin LaPine #305535 (ns)
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Filing 4
ORDER DENYING IFP UNDER THREE STRIKES RULE: plaintiff to pay the entire fee of $400.00 within 28 days or the case will be dismissed; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc)
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Filing 3
OPINION; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc)
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Filing 2
APPLICATION TO PROCEED without prepayment of fees and affidavit (Attachments: #1 Financial Documents) (ns)
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Filing 1
COMPLAINT with magistrate referral against All Defendants filed by Darrin LaPine #305535 (ns)
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