CAPPS v. JOHNSON et al
| ABBRELLA FAITH CAPPS |
| CHAMBERLIN, BURKE, YELEY and JOHNSON |
| 1:2019cv04442 |
| November 4, 2019 |
| US District Court for the Southern District of Indiana |
| Sarah Evans Barker |
| Doris L Pryor |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 13, 2019. A more recent docket listing may be available from PACER.
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Filing 9
FINAL JUDGMENT -The Court has ordered that this action be dismissed. The Court now enters final judgment in favor of the defendants and against the plaintiff. Signed by Judge Sarah Evans Barker on 12/13/2019. Copy Mailed.(CKM)
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Filing 8
ENTRY - This action is dismissed pursuant to 28 U.S.C. 1915A(b) for failure to state a claim upon which relief may be granted. Because the action has been dismissed for failure to state a claim, the plaintiff is assessed a "strike" and notified that, upon the receipt of three total strikes, she will not be permitted to proceed in forma pauperis in future litigation unless she is under imminent danger of serious physical injury. 28 U.S.C. 1915(g). Final judgment consistent with this Order shall now issue. Signed by Judge Sarah Evans Barker on 12/13/2019. Copy Mailed.(CKM)
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| Filing 7 RESPONSE re #5 Order to Show Cause Why Not to Dismiss Case, filed by Plaintiff ABBRELLA FAITH CAPPS. (Attachments: #1 Envelope) (CKM) Modified on 12/6/2019 (CKM). (Damaged in the Mail) |
| Filing 6 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 5
ENTRY - Granting Motion for Leave to Proceed In Forma Pauperis, Dismissing Complaint, and Directing Further Proceedings; The plaintiff's motion for leave to proceed in forma pauperis, dkt. #2 , is granted. Ms. Capps' complaint must be dismissed for each of the reasons set forth above. Ms. Capps shall have through December 13, 2019, in which to show cause why Judgment consistent with this Entry should not issue or to submit an amended complaint. See Luevano v. Wal-Mart Stores, Inc., 722 F.3d 1014, 1022 (7th Cir. 2013) ("Without at least an opportunity to amend or to respond to an order to show cause, an IFP applicant's case could be tossed out of court without giving the applicant any timely notice or opportunity to be heard to clarify, contest, or simply request leave to amend."). Signed by Judge Sarah Evans Barker on 11/14/2019. Copy Mailed.(CKM)
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| Filing 4 CONSENT to Jurisdiction to US Magistrate Judge by ABBRELLA FAITH CAPPS. (Attachments: #1 Envelope) (CKM) |
| 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 ABBRELLA FAITH CAPPS. (Attachments: #1 Exhibit Resident Account Summary, #2 Envelope).(AKH) |
| Filing 1 COMPLAINT against BURKE, CHAMBERLIN, JOHNSON, YELEY, filed by ABBRELLA FAITH CAPPS. (No fee paid with this filing) (Attachments: #1 Envelope)(AKH) |
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