TORRES v. KNIGHT et al
| RAFAEL R. TORRES |
| BRIAN KNIGHT, C. A. PENFOLD, PAUL PRUCHIERE and ROACH |
| 1:2017cv01522 |
| May 9, 2017 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Debra McVicker Lynch |
| Tanya Walton Pratt |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
40
Entry Dismissing "Amended Claim" of August 30, 2017, and Directing Filing of Second Amended Complaint - If a second amended complaint is not filed by October 6, 2017, the original complaint filed May 9, 2017, will become the operative com plaint. Torres may find it helpful to use the same form complaint he used when he initiated this action. The clerk is directed to send Torres a blank complaint form with his copy of this Entry. See entry for details. Signed by Judge Tanya Walton Pratt on 9/15/2017. (Copy mailed to Plaintiff) (MEJ)
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Filing
6
Entry Granting In Forma Pauperis Status, Screening Complaint, Dismissing Defendant, and Directing Service of Process - Plaintiff's motion for leave to proceed in forma pauperis, dkt. 5 , Is granted. He is assessed an initial partial filing fee of twenty-three dollars and seventy-seven cents ($23.77), which shall be paid to the clerk of the district court no later than June 26, 2017. The claims against the Superintendent are dismissed. 28 U.S.C. § 1915A. The c lerk is directed to terminate Superintendent Brian Knight as a defendant in this action. This is the only viable claim the Court is able to discern from the complaint. If plaintiff believes the Court has overlooked claims or defendants, he shal l have through June 27, 2017, in which to inform the Court of the omitted claims and/or defendants. The clerk is designated pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendants (1) C.A. Penfold, (2) Paul Prulhiere, and (3) Lt. R oach in the manner specified by Rule 4(d). Process shall consist of the complaint (dkt. 1 ), 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 via U.S. Mail. Signed by Judge Tanya Walton Pratt on 5/30/2017. (JLS)
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