STERLING v. LONG et al
| DEVON STERLING |
| DUSHAN ZATECKY and AARON LONG |
| 1:2019cv04019 |
| September 25, 2019 |
| US District Court for the Southern District of Indiana |
| Tim A Baker |
| James Patrick Hanlon |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 9, 2019. A more recent docket listing may be available from PACER.
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Filing 9
ORDER SCREENING AND DISMISSING COMPLAINT AND DIRECTING FURTHER PROCEEDINGS - Because Mr. Sterling fails to allege that the defendants' actions caused him any injury, his Eighth Amendment claims are DISMISSED for failure to state a claim upon which relief can be granted. Although Mr. Sterling's claims are dismissed, the Court will not yet dismiss the entire action. Instead, he shall have 30 days from the date of this Order to file an amended complaint (SEE ORDER FOR ADDITIONAL INFORMATION AND INSTRUCTIONS). Signed by Judge James Patrick Hanlon on 11/8/2019. (DWH)
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Filing 8
ORDER ON IN FORMA PAUPERIS STATUS - The plaintiff's motion to proceed in forma pauperis, dkt. #7 , is 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 James Patrick Hanlon on 10/11/2019. (JDH)
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| Filing 7 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff DEVON STERLING. (Attachments: #1 Exhibit - Offender Transaction History)(DWH) |
| Filing 6 CONSENT to Jurisdiction to US Magistrate Judge by DEVON STERLING. (DWH) |
| 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. (MEH) |
| Filing 4 NOTICE OF DEFICIENCY - Your civil rights complaint has been received. You shall have through October 25, 2019, in which to correct the deficiencies as follows: You must either pay the $400.00 filing fee for this action or demonstrate that you lack the financial ability to do so by filing a motion for leave to proceed without the prepayment of the filing fee (in forma pauperis). (Attachments: #1 Motion For Leave to Proceed In Forma Pauperis form) (JRT) |
| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AKH) |
| Filing 2 COMPLAINT against AARON LONG, DUSHAN ZATECKY, filed by DEVON STERLING. (No fee paid with this filing). (AKH) |
| Filing 1 CONSENT to Prisoner E-Service by DEVON STERLING located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by DEVON STERLING 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. (AKH) |
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