MCDAVID v. BAKER et al
| KENNETH R MCDAVID |
| PUTNAMVILLE CORRECTIONAL FACILITY, THOMAS NATOLI, JOSEPH LOLIT, HENRY COUNTY JAIL, CORIZON INC., GRAHAM BROOKS, JENNIFER BRISEN, BUTCH BAKER, CONNIE ALLEN, KATASHA THOMAS and MELISSA TUCKER |
| 2:2014cv00264 |
| August 28, 2014 |
| 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 |
| None |
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Filing
6
ENTRY Concerning Selected Matters and Directing Further Proceedings - Because McDavid is a prisoner, the complaint is subject to the screening required by 28 U.S.C. ' 1915A(b). Further, although the requirements of notice pleading are minimal , when a plaintiff "pleads facts that show his suit is... without merit, he has pleaded himself out of court." Applying this standard the complaint must be dismissed as legally insufficient as McDavid's only allegations against de fendant Sheriff Butch Baker and the Henry County Jail are that: 1) there were "denials of care in the Henry County Jail by Sheriff Butch Baker and his staff" 2) his "due process protected by the Fourteenth Amendment has been repeate dly violated by the defendant[s] at all levels of administration within the Henry County Jail" and 3) [b]ecause of lack of medical treatment by the Henry County Jail...plaintiff's eye has cracked as a result of untreated seizures with no medication." This is not enough. Any claim against the Henry County Jail is dismissed as legally insufficient. For the reasons explained above, the complaint fails to state a claim upon which relief can be granted as to the remaining defendan t Sheriff Butch Baker and must therefore be dismissed pursuant to ' 1915A. The dismissal of the complaint will not in this instance lead to the dismissal of the action at present. Instead, McDavid shall have through September 30, 2014, in which to file an amended complaint which corrects the deficiencies noted in Part II of this Entry. **SEE ENTRY** Copy to Plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 9/15/2014. (AH)
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