HOLYFIELD v. KNIGHT et al
| RANDY HOLYFIELD |
| STATE OF INDIANA DEPARTMENT OF CORRECTION, AMY BARBAR, EMILY SNIDER and STANLEY KNIGHT |
| 1:2019cv03159 |
| July 29, 2019 |
| US District Court for the Southern District of Indiana |
| Sarah Evans Barker |
| Matthew P Brookman |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on September 11, 2019. A more recent docket listing may be available from PACER.
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| Filing 14 RESPONSE re #6 Order to Show Cause, filed by Plaintiff RANDY HOLYFIELD. (Attachments: #1 Exhibit A Plea Agreement, #2 Exhibit B Case Summary, #3 Exhibit Abstract of Judgment C, #4 Envelope)(CKM) |
| Filing 13 MOTION to Appoint Counsel, filed by Plaintiff RANDY HOLYFIELD. (Attachments: #1 Envelope) (CKM) |
| Filing 12 Submission of Exhibits, filed by Plaintiff RANDY HOLYFIELD. (Attachments: #1 Envelope)(NAD) |
Filing 11
ORDER - DENYING #10 MOTION FOR COUNSEL WITHOUT PREJUDICE. The plaintiff has moved for the appointment of a public defender. This is a civil case and plaintiff has no constitutional right to an attorney. Accordingly, the motion for appointment of a public defender, dkt #10 , is denied. The clerk is directed to send the plaintiff a motion for assistance recruiting counsel form with his copy of this Order. The plaintiff is required, however, to respond to the August 15, 2019, Entry directing the plaintiff to show cause which this action should not be dismissed. Counsel will not be recruited to represent a party without a plausible claim for relief. (See Order.) Copy of Order and form to Plaintiff via US Mail. Signed by Judge Sarah Evans Barker on 8/26/2019. (NAD)
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| Filing 10 MOTION to Appoint Counsel, filed by Plaintiff RANDY HOLYFIELD. (Attachments: #1 Envelope) (CKM) |
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Filing 9
ORDER - on In Forma Pauperis Status; The plaintiff's motions to proceed in forma pauperis, dkts. #2 and #7 , are granted. 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."). 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. Signed by Judge Sarah Evans Barker on 8/21/2019. Copy Mailed. (CKM)
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| Filing 8 NOTICE to Pro se Litigant - The following information is provided to pro se litigants to inform them about rules and procedures governing how they communicate with the Court. (Copy sent to plaintiff via US Mail) (JRT) |
| Filing 7 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff RANDY HOLYFIELD. (Attachments: #1 Text of Proposed Order, #2 Inmate Trust Account, #3 Envelope)(CKM) |
| Filing 6 ENTRY - Dismissing Complaint and Directing Plaintiff to Show Cause; The plaintiff's complaint must be dismissed without prejudice as barred by Heck. The plaintiff shall have through September 10, 2019, in which to show cause why Judgment consistent with this Entry should not issue. If the plaintiff wants to challenge the fact or duration of his custody, he should do so by filing a petition for writ of habeas corpus. Signed by Judge Sarah Evans Barker on 8/15/2019. Copy Mailed. (CKM) |
| Filing 5 CONSENT to Jurisdiction to US Magistrate Judge by RANDY HOLYFIELD. (Attachments: #1 Envelope) (CKM) |
| Filing 4 NOTICE OF DEFICIENCY - Your civil rights complaint has been received. You shall have through September 3, 2019, in which to correct the deficiencies as follows: Your motion to proceed in forma pauperis cannot be ruled on because you have not submitted a copy of the transaction history associated with your institution trust account for the 6-month period preceding the filing of this action. Copy sent to plaintiff via US Mail. (JRT) |
| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (MAC) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff RANDY HOLYFIELD. (Attachments: #1 Envelope). (MAC) |
| Filing 1 COMPLAINT against AMY BARBAR, STANLEY KNIGHT, EMILY SNIDER, STATE OF INDIANA DEPARTMENT OF CORRECTION, filed by RANDY HOLYFIELD. (No fee paid with this filing). (Attachments: #1 Envelope). (MAC) |
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