MERCADO v. BARTHOLOMEW COUNTY SHERIFF'S DEPARTMENT et al
| ANGELITO C. MERCADO |
| BARTHOLOMEW COUNTY SHERIFF'S DEPARTMENT and MATT MYERS |
| 1:2017cv00320 |
| January 31, 2017 |
| 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 |
| None |
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Filing
15
ENTRY - This matter is before the Court for screening of Plaintiff Angelito C. Mercado's Amended Complaint [dkt. 11 ]. As an initial matter, Plaintiff's motion to proceed in forma pauperis, [dkt. 14 ], is granted. He is assessed an initial partial filing fee of Six Dollars and Seventy-Six Cents ($6.76). Plaintiff shall have through May 18, 2017, to pay this sum to the clerk. Given the foregoing, the following claims shall proceed: An Eighth Amendment claim for delibe rate indifference against Defendants Officer Lehman and Sergeant Reed. The clerk is designated pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to the Defendants' (1) Officer Lehman; and (2) Sergeant Reed in the manner specified by Fed. R . Civ. P. 4(d). Process shall consist of the amended complaint (docket 11), applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry. Copy to Plaintiff and Defendant via U.S. Mail. Signed by Judge Tanya Walton Pratt on 4/19/2017. (JLS)
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Filing
3
ENTRY Dismissing Complaint and Directing Further Proceedings - The plaintiff shall have through March 8, 2017, in which to either pay the $400.00 filing fee for this action or demonstrate that he lacks the financial ability to do so. For the foregoing reasons, the complaint is dismissed. The dismissal of the complaint will not lead to the dismissal of the action at present. Instead, the plaintiff shall have through March 8, 2017, in which to file an amended complaint. In organizing h is complaint, the plaintiff may benefit from utilizing the Court's complaint form. The clerk is directed to include a copy of the prisoner civil rights complaint form along with the plaintiff's copy of this Entry. If an amended complaint is filed as directed above, it will be screened. If no amended complaint is filed, this action will be dismissed for the reasons set forth above. (See Entry.) Copy to Plaintiff via U.S. Mail. Signed by Judge Tanya Walton Pratt on 2/9/2017.(JLS)
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