MCCRORY v. HOLMES et al
| JEFFERY MCCRORY |
| T. HOLMES, E. SHELLY and H. WINNINGHAM |
| 1:2021cv00176 |
| January 20, 2021 |
| 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 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 5, 2021. A more recent docket listing may be available from PACER.
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| Filing 8 FINAL JUDGMENT - The Court now enters FINAL JUDGMENT. The action is dismissed with prejudice pursuant to 28 U.S.C. 1915A(b). Signed by Judge Sarah Evans Barker on 3/5/2021. Copy Mailed.(CKM) |
Filing 7
ORDER - ASSESSING A STRIKE AND DIRECTING ENTRY OF FINAL JUDGMENT; This action is dismissed. The Order of January 27, 2021, dismissed the operative complaint pursuant to 28 U.S.C. 1915A because the plaintiff did not allege any legal prejudice that resulted from the defendants' alleged failure to provide him with sufficient paper. The plaintiff was given a period of time in which to attempt to cure the deficiencies noted in that Order. The plaintiff responded, but the response does not allege that he suffered any legal prejudice as a result of the defendants' actions. Instead, he argues that he suffered mental anguish, duress, and stress, as a result of not having paper. Dkt. 6. Such allegations are insufficient to state an access-to-courts claim. Therefore, this action is properly dismissed. Because the complaint 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, he will not be permitted toproceed in forma pauperis in future litigation unless he is under imminent danger of serious physical injury. Judgment dismissing this action shall now issue. Signed by Judge Sarah Evans Barker on 3/5/2021. Copy Mailed.(CKM)
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| Filing 6 RESPONSE, re Order #5 to show cause not to dismiss, filed by Plaintiff JEFFERY MCCRORY. (Attachments: #1 Envelope) (CKM) |
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Filing 5
ORDER granting #2 Motion for Leave to Proceed in forma pauperis, Dismissing Complaint and Opportunity to Show Cause. Signed by Judge Sarah Evans Barker on 1/27/2021 Copy sent to Mr. McCory via US Mail (CBU)
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| Filing 4 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 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 JEFFERY MCCRORY. (Attachments: #1 Envelope).(AKH) |
| Filing 1 COMPLAINT against T. HOLMES, E. SHELLY, H. WINNINGHAM, filed by JEFFERY MCCRORY. (No fee paid with this filing) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Proposed Summons, #7 Envelope).(AKH) |
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