Komorech v. Cape Girardeau County Sheriff's Office et al
| Matthew Jacob Komorech |
| Cape Girardeau County Sheriff's Office, Cape Girardeau County Jail, Cape Girardeau County Justice Center, Cape Girardeau County Detention Center and T. C. Stevens |
| 1:2017cv00163 |
| September 19, 2017 |
| US District Court for the Eastern District of Missouri |
| Cape Girardeau Office |
| Cape Girardeau |
| Nannette A. Baker |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
6
MEMORANDUM AND ORDER re: 2 MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) filed by Plaintiff Matthew Jacob Komorech, 4 MOTION to Appoint Counsel filed by Plaintiff Matthew Jacob Komorech. IT IS HEREBY ORDERED that pla intiff's motion to proceed in forma pauperis [Doc. #2] is GRANTED. IT IS FURTHER ORDERED that plaintiff shall pay an initial partial filing fee of $24.74 within thirty (30) days of the date of this Memorandum and Order. Plaintiff is instruc ted to make his remittance payable to "Clerk, United States District Court," and to include upon it: (1) his name; (2) his prison registration number; (3) the case number; and (4) that the remittance is for an original proceeding. IT IS FUR THER ORDERED that the Clerk shall issue process or cause process to issue upon the complaint as to defendant T.C. Stevens at the Cape Girardeau County Detention Center in his individual capacity only. Defendant shall be served by issuance of summons by the U.S. Marshals Office.IT IS FURTHER ORDERED that, pursuant to 42 U.S.C. § 1997e(g)(2), defendant T.C. Stevens shall reply to plaintiff's claims within the time provided by the applicable provisions of Rule 12(a) of the Federal Rules o f Civil Procedure.IT IS FURTHER ORDERED that the Clerk shall not issue process or cause process to issue upon the complaint as to defendants Cape Girardeau County Sheriff's Office; the Cape Girardeau County Jail; the Cape Girardeau County Justic e Center; and the Cape Girardeau County Detention Center because, as to these defendants, the complaint is legally frivolous or fails to state a claim upon which relief can be granted, or both. IT IS FURTHER ORDERED that the Clerk shall not issue pro cess or cause process to issue on the complaint as to the official capacity claims against T.C. Stevens because these claims are legally frivolous or fail to state a claim upon which relief may be granted.IT IS FURTHER ORDERED that plaintiff's m otion for appointment of counsel [Doc. #4] is DENIED at this time. IT IS FURTHER ORDERED that this case is assigned to Track 5B: Prisoner Standard. An Order of Partial Dismissal will accompany this Memorandum and Order. (Initial Partial Filing Fee due by 1/11/2018.) Signed by District Judge Jean C. Hamilton on 12/12/17. (CSG)
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