CLARK v. HAYMAN et al
MEMORANDUM & ORDER denying certification of Pltfs.' putative class w/prejudice; that certification of Pltfs.' putative subclasses is denied w/out prejudice; that Pltfs.' application for the appointment of pro bono counsel is denied w/o ut prejudice as premature; that the Clerk shall administratively terminate this action w/out filing Pltfs.' complaint or assessing a filing fee and close the file in this matter; that the Clerk of the Court shall open a new case for each individ ual Pltf. in this action; that the clerk shall enter this Order as Docket Entry No. 1 in each such new case w/out any other entries; that the Clerk shall administratively terminate each of such New Matters w/out assesing a filing fee; that administra tively termination of any such New Matters is not a "dismissal" for purposes of the statute of limitations; that, if any Pltf. prepays the $350.00 filing fee or files a complete application to proceed in forma pauperis, as required by 28 U.S.C. 1915 and explained in this Order, within 30 days of the date of the entry of this Order, then the Court will enter an order directing the Clerk to reopen Pltf.' New Matter; that, within 30 days of the date of the entry of this Order, a ny Pltf. who prepays the $350.00 filing fee or files a complete application to proceed in forma pauperis, as required by 28U.S.C.1915 and explained in this Order, shall submit for filing in Pltf.'s New Matter his amended complaint; that any Pltf.(s) who files an amended complaint in his New Matter pursuant to the terms of this Order may move this court for certification of a class of those who are similarly situated; that the Clerk shall serve upon each Pltf. this Order by regular mail , together w/a blank prisoner's Appplication to proceed in forma pauperis, as well as a blank non-prisoner's Application to proceed in forma pauperis, and a blank form of Civil Complaint; that the Clerk shall enclose with such notice a copy of Appendix H and a form Applicatio9n for Appointment of Pro Bono Counsel, etc. Signed by Judge Peter G. Sheridan on 1/30/2007. (mn, )
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