Nixon v. Kemmeren et al
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|Date Filed||#||Document Text|
|October 6, 2017
ORDER : Plaintiff's application for leave to proceed in forma pauperis 3 is granted. The Court orders the trust fund officer at Plaintiff's place of incarceration to deduct $25.33 from Plaintiff's account for payment to the Cl erk of Court as an initial partial payment of the filing fee, and to continue making monthly deductions in accordance with this order. The Clerk of Court shall send a copy of this order to the trust fund officer at the Dixon Correctional Center. Summ onses, however, shall not issue at this time. Plaintiff's complaint 1 is dismissed without prejudice for failure to state a claim. If Plaintiff wants to proceed with this lawsuit, he must submit an amended complaint that states a valid claim f or relief under 42 U.S.C. § 1983 against proper defendants. Failure to submit an amended complaint by November 6, 2017, 2017, will result in dismissal of this lawsuit for failure to state a claim. Ruling on Plaintiff's motion for attorney r epresentation 4 and motion for service of process at government expense 5 is deferred. The Clerk of Court is directed to send Plaintiff an amended complaint form and instructions along with a copy of this order. [See STATEMENT] Signed by the Honorable Frederick J. Kapala on 10/6/2017. Mailed notice (jp, )
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