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Case: 4:13-cv-00973-ERW Doc. #: 5 Filed: 06/04/13 Page: 1 of 2 PageID #: 11

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.

1The 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.

Case: 4:13-cv-00973-ERW Doc. #: 5 Filed: 06/04/13 Page: 2 of 2 PageID #: 12

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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