HITCHINGS v. INDIANA DEPARTMENT OF CORRECTIONS et al
| ZACK HITCHINGS |
| INDIANA DEPARTMENT OF CORRECTIONS, I.D.O.C Facilities and PLAINFIELD CORRECTIONAL FACILITY |
| 1:2021cv00814 |
| April 1, 2021 |
| US District Court for the Southern District of Indiana |
| Matthew P Brookman |
| 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 May 11, 2021. A more recent docket listing may be available from PACER.
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Filing 7
CLOSED DISMISSED - ORDER: The plaintiff's motion to dismiss, dkt. #6 , is treated as a notice of dismissal. No judgment is required under these circumstances. The clerk is directed to terminate the motion at dkt. #6 and close this action on the docket. The plaintiff is notified that if he wishes to file a sealed complaint in the future, he must comply with Local Rule 5-11. The clerk is directed to include a copy of Local Rule 5-11 with the plaintiff's copy of this Order. In addition, retaliation is prohibited by law. If the plaintiff has been the subject of specific incidents of retaliation or intimidation, he may take appropriate steps to bring claims against the perpetrators based on those incidents. Signed by Judge James Patrick Hanlon on 5/11/2021. Copy to Plaintiff via US Mail. (Attachments: #1 copy of Local Rule 5-11)(DWH)
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| Filing 6 MOTION (Letter) to Dismiss, filed by Plaintiff ZACK HITCHINGS. (Attachments: #1 Envelope)(DWH) |
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Filing 5
ORDER 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 to the extent that the plaintiff is assessed an initial partial filing fee of Sixty-Two Dollars and Twenty-Eight Cents ($62.28). See 28 U.S.C. 1915(b)(1). The plaintiff shall have through May 7, 2021, in which to pay this sum to the clerk of the district court. The plaintiff's complaint must be dismissed for each of the reasons set forth above. The plaintiff shall have through May 7, 2021, in which to show cause why Judgment consistent with this Order should not issue or to file an amended complaint naming a viable defendant. 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."). If the plaintiff files an amended complaint, it must be a complete statement of his claims, including the factual basis of those claims and the relief he seeks. See Beal v. Beller, 847 F.3d 897, 901 (7th Cir. 2017) ("For pleading purposes, once an amended complaint is filed, the original complaint drops out of the picture."). The proposed amended complaint should have the proper case number, 1:21-cv-00814-JPH-MPB, and the words "Amended Complaint" on the first page. (See Order). Copy to Plaintiff via U.S. Mail. Signed by Judge James Patrick Hanlon on 4/9/2021. (MAC)
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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 ZACK HITCHINGS. (Attachments: #1 Envelope).(AKH) |
| Filing 1 COMPLAINT against I.D.O.C Facilities, INDIANA DEPARTMENT OF CORRECTIONS, PLAINFIELD CORRECTIONAL FACILITY, filed by ZACK HITCHINGS. (No fee paid with this filing) (Attachments: #1 Envelope).(AKH) |
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