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Williams v. Fischer

August 5, 2006

ANTHONY WILLIAMS, PLAINTIFF,
v.
GENE FISCHER, ET AL., DEFENDANT.



The opinion of the court was delivered by: Chief Magistrate Judge Michael R. Merz

District Judge Walter Herbert Rice

ORDER TO CLERK; ORDER FOR AMENDED COMPLAINT

This action is before the Court for review prior to issuance of process.

The Magistrate Judge has granted Plaintiff leave to proceed in forma pauperis. The Clerk is accordingly ordered to docket the Complaint by detaching it from the initial Application to Proceed without Prepayment and file and docket it separately.

Plaintiff is a prisoner within the meaning of 28 U.S.C. §1915A(c). §1915A was added to the Judicial Code by the Prison Litigation Reform Act of 1995 Title VIII of P.L. 104-134, 110 Stat. 1321(effective April 26, 1996)(the "PLRA") and provides in pertinent part:

(a) Screening -- The court shall review, before docketing, if feasible or, in any event, as soon as practicable after docketing, a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity.

(b) Grounds for Dismissal -- On review, the court shall identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint --(1) is frivolous, malicious, or fails to state a claim upon which relief can be granted; or

(2) seeks monetary relief from a defendant who is immune from such relief.

The PLRA also amends 28 U.S.C. §1915(e)(2) to read as follows:

Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that

(A) the allegation of poverty is untrue; or

(B) the action or appeal --(I) is frivolous or malicious;

(ii) fails to state a claim upon which relief can be granted; or

(iii) seeks monetary relief against a defendant who is immune ...


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