Garner v. Lisenbe et al
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|Date Filed||#||Document Text|
|May 31, 2018
MEMORANDUM AND ORDER re: 5 MOTION to Appoint Counsel filed by Plaintiff Travis Leroy Garner, Jr., 2 MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) filed by Plaintiff Travis Leroy Garner, Jr. IT IS HEREBY ORDERED that p laintiff's motion to proceed in forma pauperis is GRANTED. [ECF No. 2] IT IS FURTHER ORDERED that plaintiff must pay an initial filing fee of $1.00 within twenty-one (21) days of the date of this Order. Plaintiff is instructed to make his r emittance 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 FURTHER ORDERED the Clerk of Court Clerk shall issue process or cause process to issue upon plaintiff's complaint on defendants Richard Lisenbe and Matt Shults in their individual capacities.IT IS FURTHER ORDERED that defendant Steve Lorts is DISMISSED without pre judice. IT IS FURTHER ORDERED that plaintiff's official capacity claims are DISMISSED. IT IS FURTHER ORDERED that plaintiff's motion to appoint counsel is DENIED without prejudice. [ECF No. 5] An Order of Partial Dismissal will accompany this Memorandum and Order. (Initial Partial Filing Fee due by 6/21/2018.) Signed by District Judge Stephen N. Limbaugh, Jr on 5/31/18. (CSG)
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