Phillips v. Wood

Filing 5

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [ECF No. 2 ] is GRANTED. IT IS FURTHER ORDERED that the Clerk shall issue process or cause process to issue on the complaint. IT IS FURTHER ORDERED that plaintiff's motion to appoint counsel [ECF No. 4 ] is DENIED at this time with leave to refile at a later date. Signed by District Judge E. Richard Webber on June 4, 2013. (BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
CLINT PHILLIPS, III,
Plaintiff,
v.
UNKNOWN WOOD,
Defendant.

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No. 4:13CV00973 ERW

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s motion to proceed in forma
pauperis. Upon review of the financial affidavit, the Court has determined that plaintiff
is unable to pay the filing fee.1 28 U.S.C. § 1915. Consequently, the motion will be
granted.
Moreover, the Court has reviewed plaintiff's complaint and found that his
allegations brought pursuant to 42 U.S.C. § 1983 of false arrest, false imprisonment and
illegal search and seizure survive review under § 1915 at this time. As such, the Court
will order the Clerk of Court to issue process on defendant Wood.

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The Court takes judicial notice of plaintiff's fullly completed CJA 23 Financial
Affidavit filed in a case filed simultaneously with this one, Phillips v. Christian Hospital
Northeast, 4:13CV1018 CAS, wherein plaintiff indicated that he is not currently
employed. In the financial affidavit plaintiff filed in that case he properly completed
the boxes marked "assets" and "other income," such that the Court was able to make
a financial determination regarding his financial status.

Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion to proceed in forma
pauperis [ECF No. 2] is GRANTED.
IT IS FURTHER ORDERED that the Clerk shall issue process or cause
process to issue on the complaint.
IT IS FURTHER ORDERED that plaintiff’s motion to appoint counsel [ECF
No. 4] is DENIED at this time with leave to refile at a later date.
So Ordered this 4th day of June, 2013.

E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE

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