Simons v. Perry et al
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|Date Filed||#||Document Text|
|April 26, 2013
ORDER Motion/Application for Leave to Proceed in forma pauperis 2 is GRANTED. Monthly payments due until filing fee paid in full (clerk sent copies of order via NEF to finance and via mail to chief of inmate services for NDOC). Th is action is DISMISSED for failure to state claim. Clerk shall enter judgment accordingly. An appeal from dismissal would not be taken in good faith. Case terminated. Signed by Judge Miranda M. Du on 4/26/13. (Copies have been distributed pursuant to the NEF - JC) Modified on 4/26/2013 to correct spelling(JC).
|April 19, 2013
ORDER (Copied from Case Number 3:13-cv-13-MMD-VPC) Clerk shall file complaint and plaintiff Countryman's application to proceed IFP. Ralph Countryman shall proceed as sole plaintiff. Claims of plaintiff Simons are severed. Clerk di rected to open separate action for Simons; assign new action to the district judge and magistrate judge to whom instant case is assigned; file copy of this order in new action; place copy of complaint into new action; send plaintiff Simons copy of co mplaint bearing new case number; and file Simons' application to proceed IFP into new action. Plaintiff Countryman's application to proceed IFP DENIED without prejudice. Plaintiff Countryman to file another application to proceed IFP or pay filing fee. Clerk shall send blank Application to Proceed in District Court without prepaying fees or costs (sent 4/19/13). Plaintiff Countryman shall have 30 days to file application or pay filing fee. Signed by Judge Miranda M. Du on 4/19/13. (Copies have been distributed pursuant to the NEF - JC) (Entered: 04/19/2013)
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