PERRY v. TALBOT
| RODNEY S. PERRY, SR. |
| PAUL A. TALBOT |
| 1:2019cv00846 |
| February 27, 2019 |
| US District Court for the Southern District of Indiana |
| Tim A Baker |
| James R Sweeney |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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| Document Text |
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| Filing 14 Submission Of Copies of Previously filed Documents, filed by Plaintiff RODNEY S. PERRY, SR. (JDC) |
| Filing 13 AMENDED COMPLAINT filed by RODNEY S. PERRY, SR.(JDC) |
| Filing 12 ENTRY GRANTING SECOND MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS - Plaintiff Rodney Perry's second motion for leave to proceed in forma pauperis, dkt. #11 , is granted. The assessment of even an initial partial filing fee is waived because the plaintiff has no assets and no means by which to pay a partial filing fee. 28 U.S.C. 1915(b)(4). Accordingly, no initial partial filing fee is due at this time. Although the plaintiff is excused from pre-paying the full filing fee, he still must pay the three hundred and fifty dollar ($350.00) filing fee pursuant to the statutory formula set forth in 28 U.S.C. 1915(b)(2) when able. See 28 U.S.C. 1915(b)(1) ("the prisoner shall be required to pay the full amount of a filing fee."). Mr. Perry shall continue to have through April 5, 2019, to file an amended complaint as previously directed. See dkt. #10 . Signed by Judge James R. Sweeney II on 3/19/2019. (JDC) |
| Filing 11 Second MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff RODNEY S. PERRY, SR. (Attachments: #1 Exhibit)(JDC) |
| Filing 10 ENTRY GRANTING MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS, DISMISSING COMPLAINT, AND DIRECTING FURTHER PROCEEDINGS - Mr. Perry's motion for leave to proceed in forma pauperis, dkt. #4 , is granted to the extent that he is assessed an initial partial filing fee of Fifty-Three Dollars and Sixty Cents ($53.60). See 28 U.S.C. 1915(b)(1). Mr. Perry shall have April 5, 2019, to pay this sum to the clerk of the district court. Although Mr. Perry is excused from pre-paying the full filing fee, he still must pay the three hundred and fifty dollar ($350.00) filing fee pursuant to the statutory formula set forth in 28 U.S.C. 1915(b)(2) when able. See 28 U.S.C. 1915(b) (1) ("the prisoner shall be required to pay the full amount of a filing fee."). Mr. Perry shall have through April 5, 2019, to file an amended complaint that complies with the pleading requirements set forth in the Federal Rules of Civil Procedure and Part II of this Entry. (Copy to Financial Deputy Clerk) Signed by Judge James R. Sweeney II on 3/6/2019. (JDC) |
| Filing 9 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) |
| Filing 8 Declaration of RODNEY S. PERRY, SR. (REO) |
| Filing 7 Submission of proposed Subpoenas, filed by Plaintiff RODNEY S. PERRY, SR. (REO) |
| Filing 6 BRIEF/MEMORANDUM in Support re #5 MOTION to Appoint Counsel, filed by Plaintiff RODNEY S. PERRY, SR. (Attachments: #1 Exhibit)(REO) |
| Filing 5 MOTION to Appoint Counsel, filed by Plaintiff RODNEY S. PERRY, SR. (REO) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff RODNEY S. PERRY, SR. (Attachments: #1 Exhibit -Offender Trust Inquiry)(REO) |
| Filing 3 NOTICE of Tort Claim, filed by Plaintiff RODNEY S. PERRY, SR (REO) |
| Filing 2 COMPLAINT against PAUL A. TALBOT, filed by RODNEY S. PERRY, SR. (No fee paid with this filing) (Attachments: #1 Proposed Summons)(REO) |
| Filing 1 CONSENT to Prisoner E-Service by RODNEY S. PERRY, SR located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by RODNEY S. PERRY, SR to the court for filing will generate a Notice of Electronic Filing that will constitute official service upon registered users of CM/ECF. If any parties to the case are not registered CM/ECF users, the Clerk of the Court will mail the document via U.S. Postal Service on behalf of the inmate. NOTE: The E-Filing Program does not affect the obligation of other parties to serve copies of documents in accordance with the Federal Rules of Civil Procedure. (REO) |
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