MITCHELL v. GREEN et al
| JORDAN NATHANIEL MITCHELL |
| GREEN, FLINT, NEIL GODFREE, CLUMP, DIVES, MOORE and HELMS |
| 1:2015cv00566 |
| July 13, 2015 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| Moore |
| L. PATRICK AULD |
| THOMAS D. SCHROEDER |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
9
ORDER signed by JUDGE THOMAS D. SCHROEDER on 10/29/2015 adopting the Magistrate Judge's Recommendation, that with the exception of Plaintiff's claim against Defendant Green for refusing to allow Plaintiff to decontaminate before returni ng to his cell and for placing him in a cell that was not properly cleaned of pepper spray, this action is dismissed pursuant to 28 U.S.C. § 1915A and § 1915(e)(2) for being frivolous or for failing to state a claim upon which relief may be granted. (Garland, Leah)
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Filing
4
MEMORANDUM OPINION, ORDER, AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 07/23/2015; that in forma pauperis status is granted, but that Plaintiff's trust officer shall be directed to pay to the Clerk of this Court 20% of all deposits to his account starting with the month of August of 2015, and thereafter each time that the amount in the account exceeds $10.00 until the $400.00 filing fee has been paid. If an inmate has been ordered to make Prison Litigation Reform Act payments in more than one action or appeal in the federal courts, the total amount collected for all cases cannot exceed 20 percent of the inmate's preceding monthly income or trust account ba lance, as calculated under 28 U.S.C. § 1915(b)(2). FURTHER ORDERED that all payments shall be designated as made in payment of the filing fee for Civil Action No. 1:15CV566, and shall be paid to the Clerk, U.S. District Court for the M iddle District of North Carolina. In the event Plaintiff is transferred to another institution, the balance due shall be collected and paid to the Clerk by the custodian at Plaintiff's next institution. A copy of this Order shall be sent to Plaintiff's current custodian. FURTHER ORDERED that this action be filed, but that further proceedings and service of summons be stayed until an Order is entered regarding the recommendation that only Plaintiff's claim against Gre en for excessive force proceed and that all other claims and Defendants be dismissed. Upon the issuance of such an Order, and if the claim is allowed to proceed, the Clerk should refer the matter to the undersigned for a further Order pertaining to service of the Complaint. IT IS RECOMMENDED that with the exception of Plaintiff's claim against Defendant Green for refusing to allow Plaintiff to decontaminate before returning to his cell and for placing him in a cell that was not properly cleaned of pepper spray, this action be dismissed pursuant to 28 U.S.C. § 1915A and § 1915(e)(2) for being frivolous or for failing to state a claim upon which relief may be granted. (Garland, Leah)
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