Ellington v. Smith et al
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|Date Filed||#||Document Text|
|May 9, 2016
ORDER that Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs (Doc. 2 ) is granted. FURTHER ORDERED that Plaintiff's Complaint (Doc. 1 ) is dismissed with permission to file an amended complaint by 05/30/ 16 in compliance with the instructions given in this order. FURTHER ORDERED that if Plaintiff elects not to file an amended complaint by 05/30/16, the Clerk shall dismiss this action without further order of this Court. FURTHER ORDERED that if Plaint iff elects to file an amended complaint, the amended complaint may not be served until and unless the Court screens the amended complaint pursuant to 18 U.S.C. § 1915(e)(2). If and when Plaintiff is given leave to serve an amended complaint, Plaintiff shall be responsible for service by waiver of the summons and complaint. See order for details. Signed by Judge Neil V. Wake on 5/9/16. (NKS)
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