Martin v. DUSM Supervisor et al
| John F. Martin |
| DUSM Supervisor, U.S. Marshals Service, Lawrence Crawford and St. Charles County Jail |
| 4:2011cv01150 |
| June 27, 2011 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| St. Charles |
| Thomas C. Mummert |
| Civil Rights |
| 28 U.S.C. ยง 1331 |
| None |
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Filing
17
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [Doc. #2] is GRANTED. IT IS FURTHER ORDERED that plaintiff's motion for appointment of counsel [Doc. #2] is DENIED given that this action fails to state a claim upon which relief may be granted. 28 U.S.C. § 1915(e)(2)(B). IT IS FURTHER ORDERED that the Clerk shall not issue process or cause process to issue upon the complaint because the complaint fails to state a claim upon which relief can be granted. An Order of Dismissal will accompany this Memorandum and Order. Signed by Honorable Audrey G. Fleissig on 9/30/2011. (NCL)
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Filing
10
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [Doc. #5] is GRANTED. IT IS FURTHER ORDERED that the plaintiff shall pay an initial filing fee of $11.17 within thirty (30) days of the date of this Order. Plaintiff is instructed 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 remitt ance is for an original proceeding. IT IS FURTHER ORDERED that if plaintiff fails to pay the initial partial filing fee within thirty (30) days of the date of this Order, then this case will be dismissed without prejudice. IT IS FURTHER ORD ERED that the Clerk of Court shall provide to plaintiff, along with a copy of this Order, a blank complaint form for the filing of a prisoner civil rights complaint. IT IS FURTHER ORDERED that plaintiff shall file a second amended complain t, in accordance with the instructions set forth above, no later than thirty (30) days from the date of this Order. IT IS FURTHER ORDERED that if plaintiff fails to timely file a second amended complaint or fails to comply with the instruction s set forth above relating to the filing of the second amended complaint, the Court shall dismiss this action without prejudice. IT IS FURTHER ORDERED that upon the filing of the second amended complaint, it will be subject to review under 28 U.S.C. § 1915. Signed by Honorable Audrey G. Fleissig on 8/10/2011. (NCL)
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Filing
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the Clerk shall mail to Plaintiff a copy of the court's form Prisoner Civil Rights Complaint. IT IS FURTHER ORDERED that the Clerk shall mail to Plaintiff a copy of the court's form Motion to Proceed In Forma Pauperis Prisoner Cases. IT IS FURTHER ORDERED that Plaintiff shall file an amended complaint on the court-provided form within thirty (30) days of the date of this Order. IT IS FURTHER ORDERED that Plaintiff shall either pay the &# 036;350 filing fee or submit a motion to proceed in forma pauperis within thirty (30) days of the date of this Order. IT IS FURTHER ORDERED that if Plaintiff submits a motion to proceed in forma pauperis, he must also submit a certified copy of his p rison account statement for the six-month period immediately preceding the filing of his complaint. IT IS FINALLY ORDERED that if Plaintiff fails to comply with this Order, the Court will dismiss this action without prejudice. If the case is dismissed, the dismissal will not constitute a "strike" under 28 U.S.C. § 1915(g). Signed by Magistrate Judge Thomas C. Mummert, III on 7/11/11. (KJS)
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