BERRY v. SIDWELL et al
| DEXTER BERRY |
| SIDWELL and D. MOORE |
| 1:2014cv01405 |
| August 26, 2014 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Tim A. Baker |
| Tanya Walton Pratt |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
10
ENTRY Directing Further Proceedings - The complaint is dismissed for failure to state a claim upon which relief can be granted. Mr. Berry shall have through November 4, 2014, in which to show cause why this action should not be dismissed for failur e to state a claim upon which relief can be granted. Luevano v. Wal-Mart Stores, Inc., 722 F.3d 1014, 1022 (7th Cir. 2013) ("Without at least an opportunity to amend or to respond to an order to show cause, an IFP applicant's case could be tossed out of court without giving the applicant any timely notice or opportunity to be heard to clarify, contest, or simply request leave to amend."). If he fails to do so, the action will be dismissed for the reasons set forth in this Entry. *SEE ORDER*. Copy Mailed. Signed by Judge Tanya Walton Pratt on 10/6/2014.(MGG)
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