Scott et al v. State of Texas et al

Filing 10

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that plaintiffs' motions for leaveto proceed in forma pauperis [Docs. 2, 3, and 4] are GRANTED. IT IS FURTHER ORDERED that the Clerk of Court shall not issue process or cause process to issue upon the complaint, because the complaint is legally frivolous and fails to state a claim upon which relief may be granted. See 28 U.S.C. § 1915(e)(2)(B). IT IS FURTHER ORDERED that plaintiff Lavonda Scott's motion for appointment of counsel [Doc. 8 ] and pro se motion to act as next friend of a minor [Doc. 9] are DENIED. IT IS FURTHER ORDERED that "S.T., Next of Kin, Lavonda D. Scott" is STRICKEN as a party-plaintiff to this action, and the Clerk of Court shall docket this case as Lavonda D. Scott, Candies Trice, and Darion McMiller v. State of Texas and Texas Department of Criminal Justice.A separate Order of Dismissal shall accompany this Memorandum and Order.. Signed by Honorable Stephen N. Limbaugh, Jr on 1/4/11. (LGK)

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