Irving v. Wells et al

Filing 12

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis is GRANTED. [ECF No. 7] IT IS FURTHER ORDERED that plaintiffs pro se motion for directive "order" to provide inmate account statement is DE NIED as moot. [ECF No. 8] IT IS FURTHER ORDERED that plaintiff must pay an initial filing fee of $1.70 within twenty-one (21) days of the date of this Order. Plaintiff is instructed to make his remittancepayable to "Clerk, United States Dis trict 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 that the Clerk of Court shall issue process or cause process to issue upon the complaint as to defendants [Unknown] Wells, Lorene Armstrong, Travis Wilhite, and Alex Clinton. IT IS FURTHER ORDERED that defendants Unknown Wells, Lorene Armstrong, Travis Wilhite, and Alex Clinton shall respond to plainti ff's amended complaint and his motion for temporary restraining order within the time provided by the applicable provision of Federal Rule of Civil Procedure 12(a) and the Local Rules of the United States District Court for the Eastern District of Missouri. IT IS FURTHER ORDERED that the Clerk of Court shall not issue process or cause process to issue upon the complaint as to defendants Jason Lewis, Timothy Hartness, Timothy Seabaugh, Becky Neal, Joshua Carter, Anne Precythe, and Paula Reed because, as to these defendants, the complaint is legally frivolous or fails to state a claim upon which relief can begranted, or both. An appropriate Order of Partial Dismissal shall accompany this Memorandum and Order. ( Initial Partial Filing Fee due by 7/2/2018.). Signed by District Judge Stephen N. Limbaugh, Jr on 6/11/2018. (JMC)