AXTON v. THE GEO GROUP et al
| KEVIN AXTON |
| THE GEO GROUP, INDIANA DEPT OF CORRECTION and MARK SEVERE |
| 1:2020cv02949 |
| November 9, 2020 |
| US District Court for the Southern District of Indiana |
| Tim A Baker |
| Jane Magnus-Stinson |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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Filing 6
ORDER GRANTING MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS, DISMISSING COMPLAINT, AND DIRECTING FURTHER PROCEEDINGS. For the reasons discussed in Part II, the complaint is dismissed for failure to state a claim upon which relief may be granted. Mr. Axton shall have through January 25, 2021, in which to show cause why this action should not be dismissed for failure to state a claim upon which relief can be granted. Luevano v. Wal-Mart Stores, Inc., 722 F.3d 1014, 1022 (7th Cir. 2013) (plaintiffs should be given at least an opportunity to amend or to respond to an order to show cause before a case is "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."). If the plaintiff wishes to amend his complaint, he shall place the proper case number, 1:20-cv-02949-JMS-TAB, and the words "Amended Complaint" on the first page of the amended complaint. It will completely replace the original complaint, and it will be screened pursuant to 1915A, so it must include all defendants, claims, and factual allegations that Mr. Axton wishes to pursue in this action. If Mr. Axton fails to show cause, the action will be dismissed for the reasons set forth in this Order without further notice. If Mr. Axton files an amended complaint, it will be screened pursuant to 28 U.S.C. 1915A(b). Copy to Plaintiff via U.S. Mail. Signed by Judge Jane Magnus-Stinson on 12/23/2020. (MAC)
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| Filing 5 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff KEVIN AXTON. (Attachments: #1 Exhibit Transaction History, #2 Envelope). (MAC) |
| Filing 4 NOTICE OF DEFICIENCY - Your civil rights complaint has been received. You shall have through December 17, 2020, 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). (Copy sent to plaintiff via US Mail) (JRT) |
| Filing 3 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 distributed to Plaintiff via US mail. (TMC) |
| Filing 2 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AKH) |
| Filing 1 COMPLAINT against INDIANA DEPT OF CORRECTION, MARK SEVERE, THE GEO GROUP, filed by KEVIN AXTON. (No fee paid with this filing) (Attachments: #1 Envelope). (AKH) |
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