Culbert v. Thompson et al
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|Date Filed||#||Document Text|
|April 23, 2013
ORDER: 1 Plaintiff's application to proceed in forma pauperis is granted. The clerks office is directed to file the complaint (docket no. 1-1) without the prepayment of the filing fee. The plaintiff is directed to submit an initial partial filing fee of $11.16 by no later than 5/22/13. The clerks office is directed to dismiss without prejudice this action unless either the initial partial filing fee of $11.16 is received by 5/22/13 or the court grants an enlargement of time to pay the initial partial filing fee in response to a written motion. After the plaintiff pays the initial partial filing fee, the institution having custody of the plaintiff is directed to collect and remit monthly payments until the $350.0 0 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. Plaintiff's motion for discovery 4 and motion for default entry 9 are denied. Plaintiff's motion to appoint counsel 5 is denied. The plaintiff is directed to file by no later than 5/22/13 an amended and substituted complaint. Unless the plaintiff files an amended and substit uted complaint by 5/22/13 or the court grants an enlargement of time to file an amended and substituted complaint, the clerks office is directed to dismiss without prejudice this action. The clerks office is directed to send the plaintiff the form that is regularly used by those who seek relief under 42 U.S.C. § 1983. Consistent with the foregoing, the plaintiffs motion to file amended complaint 11 is granted. The court reserves ruling on the plaintiffs claims for purposes of 28 U.S.C. §1915(e)(2)(B) and/or 28 U.S.C. §1915A. Signed by Chief Judge Linda R Reade on 4/22/13. (ksy)(copy w/ NEF and 1983 packet to Plf; copy w/NEF to Warden; CRF)
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