Merrival, Jr v Miller, et al
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|Date Filed||#||Document Text|
|February 11, 2013
INITIAL Review Order Dismissing Case: 1 Application to proceed in forma pauperis is granted. Clerk of Court shall file the complaint without prepayment of the filing fee. Plaintiff is directed to submit an initial partial filing fee of $3.33 by no later than 2/28/13. The institution having custody of the plaintiff is directed to collect and remit monthly payments in the manner set forth in 28 U.S.C. § 1915(b)(2). Until the $350.00 filing fee is paid in full. The clerks office is directed to send a copy of this order and the notice of collection of filing fee to the appropriate official at the place where the plaintiff is an inmate. The plaintiffs 42 U.S.C. § 1983 action is dismissed pursuant to 28 U.S.C. § 1915( e)(2)(B). The dismissal of the instant action counts against the plaintiff for purposes of the three-dismissal rule set forth in 28 U.S.C. § 1915(g). Signed by Chief Judge Linda R Reade on 2/11/13. (ksy)(copy w/NEF to Def; copy w/NEF to Warden at Anamosa State Penitentiary)
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