KREILEIN v. HORTH et al
| ALAN KREILEIN |
| DAVID SLOAN, GWENDOLYN HORTH, CURTIS T. HILL, JR., JAROD M. ZIMMERMAN, ANTHONY KING and DAVIS |
| 1:2019cv00749 |
| February 19, 2019 |
| US District Court for the Southern District of Indiana |
| Debra McVicker Lynch |
| Jane Magnus-Stinson |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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| Filing 10 RECEIPT #IP064746 for initial partial filing fee in the amount of $57.20, paid by Plaintiff. (REO) |
| Filing 9 FINAL JUDGMENT - The Court now enters FINAL JUDGMENT. The action is dismissed with prejudice pursuant to 28 U.S.C. 1915A(b). Copy to Alan Kreilein via U.S. mail. Signed by Judge Jane Magnus-Stinson on 4/9/2019.(JDH) |
Filing 8
ENTRY DISMISSING ACTION AND DIRECTING ENTRY OF FINAL JUDGMENT - Because Mr. Kreilein has not filed an amended complaint or shown cause as directed by the Court, this action is dismissed pursuant to 28 U.S.C. 1915A(b) for failure to state a claim upon which relief may be granted. Final judgment consistent with this Order shall now issue. A new civil rights action will be opened in the Indianapolis Division of the Court. The Nature of Suit ("NOS") of each newly opened action will be 555, and the Cause of Action ("COA") will be 42:1983. A copy of this Entry and a copy of the amended complaint, dkt. #7 , shall be docketed in the new civil action. The Plaintiff is Alan Kreilein, and the Defendant is Lieutenant Davis. The assignment of judicial officers to the new civil action shall be by random draw. (See Entry). Copy to Alan Krelein via U.S. mail. Signed by Judge Jane Magnus-Stinson on 4/9/2019.(JDH)
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| Filing 7 AMENDED COMPLAINT against DAVIS, filed by ALAN KREILEIN. (Attachments: #1 Exhibits, #2 Proposed Summons)(JDH) |
| Filing 6 ENTRY GRANTING MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS, DISMISSING AMENDED COMPLAINT, AND DIRECTING FURTHER PROCEEDINGS - Mr. Krelein's motion for leave to proceed in forma pauperis, dkt. #5 , is granted to the extent that he is assessed an initial partial filing fee of Fifty-Seven Dollars and Twenty Cents ($57.20). See 28 U.S.C. 1915(b)(1). Mr. Kreilein shall have through April 8, 2019, to pay this sum to the clerk of the district court. Mr. Kreilein shall have through April 8, 2019, to either (a) file a second amended complaint, or (b) show cause why the Court should not dismiss the action and enter final judgment. Mr. Kreilein shall also have through April 8, 2019, to pay his initial partial filing fee as directed in Part I of this Entry. Failure to complete either action within the time allotted will result in this action being dismissed and final judgment being entered without further warning or opportunity to show cause. The clerk is directed to include a form petition for a writ of habeas corpus with Mr. Kreilein's copy of this Entry. If Mr. Kreilein wishes to challenge the fact of his imprisonment, he may initiate a habeas action by completing and filing the petition in a new action. If Mr. Kreilein opts to file a second amended complaint, it must include the case number associated with this action, no. 1:19-cv-00749-JMS-DML. The second amended complaint would be screened pursuant to 28 U.S.C. 1915A(b) and would completely replace the first amended complaint, so it must include all defendants, claims, and factual allegations Mr. Kreilein wishes to pursue in this action. The clerk is directed to include a form complaint with Mr. Kreilein's copy of this Entry. (See Entry). Copy and forms to Alan Kreilein via U.S. mail. Signed by Judge Jane Magnus-Stinson on 3/11/2019. (Attachments: #1 Form 2254 Motion, #2 Prisoner Complaint Form) (JDH) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff ALAN KREILEIN. (Attachments: #1 Exhibit - Trust Statement)(JDH) Modified on 3/7/2019 (JDH). |
| Filing 4 CONSENT to Jurisdiction to US Magistrate Judge by ALAN KREILEIN. (JDH) |
| Filing 3 AMENDED COMPLAINT against CURTIS T. HILL, JR, GWENDOLYN HORTH, ANTHONY KING, DAVID SLOAN, JAROD M. ZIMMERMAN, filed by ALAN KREILEIN. (Attachments: #1 Proposed Summons)(JDH) |
| Filing 2 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) |
| Filing 1 COMPLAINT against CURTIS T. HILL, JR, GWENDOLYN HORTH, ANTHONY KING, DAVID SLOAN, JAROD M. ZIMMERMAN, filed by ALAN KREILEIN. (No fee paid with this filing) (DJH) |
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