McCoy v. Ryan et al
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|Date Filed||#||Document Text|
|December 3, 2013
ORDER Plaintiff's Application to Proceed In Forma Pauperis (Doc. 2 ) is granted. As required by the accompanying Order to the appropriate government agency, Plaintiff must pay the $350.00 filing fee and is assessed an initial partial filin g fee of $3.70. Counts One, Two, Four, Five, and Six are dismissed without prejudice. Defendants Ryan, Pratt, Bock, Atwood, Currier, John Doe #1, and John Doe #2 are dismissed without prejudice. Plaintiff is granted 60 days from the filing of th e date of this Order in which to discover by subpoena or otherwise the identity of Defendant John Doe #3 and to file a"notice of substitution" providing the Defendant's name in place of John Doe #3. The Clerk of Court must issue a subp oena in blank and send it to Plaintiff. The Clerk of Court must enter judgment of dismissal for failure toprosecute without prejudice and without further notice to Plaintiff, if Plaintiff fails to file a "notice of substitution" of parties within 60 days from the filing date of this Order. Signed by Judge David G Campbell on 12/2/2013. (KMG)
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