BRISTOW v. WARDEN
| LONNY BRISTOW |
| J. F. CARAWAY, CRUZE, PAUL M. LAIRD and YOUNG |
| 2:2013cv00230 |
| June 25, 2013 |
| US District Court for the Southern District of Indiana |
| Terre Haute Office |
| Jane Magnus-Stinson |
| William G. Hussmann |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
30
Entry Concerning Selected Matters - The plaintiff's request to file a second amended complaint [dkt. 25] is granted. The clerk is directed to re-file the proposed complaint as the second amended complaint. The clerk is directed to update the docket to reflect that Lieutenant Young is no longer a defendant in this action and that Investigator Burks has been added as a defendant. The plaintiff's request to proceed in forma pauperis was previously granted. It is now apparent, how ever, that he is not eligible to proceed in that fashion because of prior litigation brought by him while a prisoner and the barrier created by 28 U.S.C. § 1915(g). Bristow shall have through October 20, 2013, to either pay the $400.00 f iling fee to the clerk of the district court, to show cause how his allegations overcome the barrier created by § 1915(g) or to voluntarily dismiss this action. The motion for completion of threat assessment [dkt. 24] is denied without prejudice. (See Entry.) Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 8/30/2013. (RSF)
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Filing
21
Entry Discussing Amended Complaint, Severing Claims, and Directing Further Proceedings - Plaintiff Lonny Bristow, an inmate at the United States Penitentiary in Terre Haute, Indiana ("USP Terre Haute"), filed a five count amended complaint . The Director of DSCC is dismissed without prejudice. Should Bristow learn of his or identity, he may seek leave of Court to the Director as a party. Because Bristow is proceeding under the theory recognized in Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, personal service is required. The Marshal for this District or his Deputy shall serve the summons, together with a copy of the amended complaint, filed on July 9, 2013, and a copy of this Entry, on Lieutenant Young , Officer Cruze, Paul M. Laird, and on the officials designated pursuant to Fed. R. Civ. P. 4(i)(2), at the expense of the United States. Personal service of a summons on Warden Caraway was previously directed in the Entry of June 27, 2013. Seve ring the black mold claim will promote judicial economy by limiting the record in this case to a single theory of liability. To effectuate this ruling, one new civil action from the Terre Haute Division shall be opened. The retaliation claim is dismissed from this action as duplicative. No partial final judgment shall issue at this time as to the claims resolved in this Entry. Copies mailed pursuant to distribution list. Signed by Judge Jane Magnus-Stinson on 7/24/2013.(RSF)
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Filing
19
Entry Denying Issuance of a Temporary Restraining Order or Preliminary Injunction - The motion for preliminary injunction or motion for temporary restraining order [dkt. 9] is denied. The plaintiff's motion to compel [dkt. 15] the court to rule on his motion for injunctive relief is denied as unnecessary. (See Entry.) Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 7/23/2013. (RSF)
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