ARMSTRONG v. UNKNOWN OFFICER et al
| RICHARD K. ARMSTRONG |
| T. ANDIS, H. ANDREWS, J. KLUNKERFUSS, CHARLES PENFOLD, C. SHEPHERD, BRIAN SMITH, STILLWELL and UNKNOWN OFFICER |
| 1:2016cv02316 |
| August 30, 2016 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Matthew P. Brookman |
| Tanya Walton Pratt |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
5
Entry Denying Motion for Counsel, Dismissing Complaint, and Directing Further Proceedings - The plaintiff's motion for counsel [dkt. 2] is denied as premature. The plaintiff's complaint must be dismissed for each of the reasons set fort h above. The plaintiff shall have through September 29, 2016, in which to show cause why Judgment consistent with this Entry should not issue. See Luevano v. Wal-Mart Stores, Inc., 722 F.3d 1014, 1022 (7th Cir. 2013) ("Without at least an opp ortunity 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."). Copy to Plaintiff via U.S. Mail. **SEE ORDER** Signed by Judge Tanya Walton Pratt on 9/1/2016.(JLS) Modified on 9/1/2016 (JLS).
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