HINES v. TALBOT et al
| CORNELIUS LEMONT HINES |
| PAUL A. TALBOT, DUSHAN ZETACY, WEXFORD HEALTH, HIDNIGHT, ROBERT E. CARTER and BYNUM |
| 1:2019cv03866 |
| September 11, 2019 |
| US District Court for the Southern District of Indiana |
| Mark J Dinsmore |
| Tanya Walton Pratt |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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Filing 7
ORDER - granting #6 Motion for Extension of Time to File; Mr. Hines shall have through November 25, 2019, in which to file an amended complaint or to show cause why this action should not be dismissed as directed in the Screening Order of September 17, 2019 (see dkt. 4). Signed by Judge Tanya Walton Pratt on 10/22/2019. Copy Mailed. (CKM)
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| Filing 6 MOTION for Extension of Time to File Amended Complaint, filed by Plaintiff CORNELIUS LEMONT HINES. (Attachments: #1 Envelope)(NAD) |
| Filing 5 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) |
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Filing 4
Order - Granting #2 Motion for Leave to Proceed In Forma Pauperis, Screening and Dismissing Complaint, and Directing Plaintiff to Show Cause. Mr. Hines's motion for leave to proceed without prepaying the full fee, dkt. #2 , is granted. The Court finds that Mr. Hines does not have the assets or means to pay an initial partial filing fee. The Indiana Tort Claims Act, Ind. Code 34-13-3 et seq., provided Mr. Hines a remedy in which to seek recovery for his loss. He apparently filed a state tort claim. Thus, unfortunately for Mr. Hines, no federal constitutional violation has occurred. Therefore Mr. Hines's complaint, dkt. #1 , is dismissed for failure to state a claim upon which relief can be granted. Mr. Hines shall have through October 15, 2019, in which to show cause why this action should not be dismissed for failure to state a claim upon which relief can be granted and the claim allowed to proceed by filing a motion to reconsider demonstrating the complaint's viability. Alternatively, Mr. Hines may file an amended complaint that cures the deficiency identified in this Order. If Mr. Hines does not show cause or file a viable amended complaint by October 15, 2019, this action will be dismissed for failure to state a claim upon which relief can be granted and final judgment entered without further notice. (See Order.) Copy to Plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 9/17/2019. (NAD)
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| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AKH) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff CORNELIUS LEMONT HINES. (Attachments: #1 Affidavit, #2 Exhibit Certified Statement of Inmates Trust Fund Account and Transaction History). (AKH) (Additional attachment(s) added on 9/12/2019: #3 Envelope) (AKH). |
| Filing 1 COMPLAINT against BYNUM, ROBERT E. CARTER, HIDNIGHT, PAUL A. TALBOT, WEXFORD HEALTH, DUSHAN ZETACY, filed by CORNELIUS LEMONT HINES. (No fee paid with this filing) (Attachments: #1 Exhibit Tort Claim Documents, #2 Exhibit Urgent Orders and Grievance Paperwork, #3 Exhibit Request for Healthcare and Interviews, #4 Exhibit Receipt and Pack List, #5 Exhibit Copy of Envelope, #6 Envelope, #7 Proposed Summons). (AKH) |
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