CAIN v. GEO GROUP INC. et al
| CHRISTIAN CAIN |
| GEO GROUP INC., SEVER, SEYE, SANCHEZ and CYBERSKI |
| 1:2021cv02556 |
| September 29, 2021 |
| 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 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 8, 2023. A more recent docket listing may be available from PACER.
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Filing 11
NOTICE OF DEFICIENCY - Your civil rights complaint has been received. You shall have through December 22, 2021, in which to correct the deficiencies as follows: Your motion to proceed in forma pauperis cannot be ruled on because you have not submitted a copy of the transaction history associated with your institution trust account for the 6-month period preceding the filing of this action. (Copy sent to plaintiff via US Mail). (JRT)
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Filing 10
ORDER DIRECTING CLERK TO REOPEN CASE. Plaintiff Christian Cain's original complaint lacked any factual allegations. See dkt. #1 . The Court dismissed the complaint for failure to state a claim upon which relief can be granted and ordered Mr. Cain to file an amended complaint by November 12, 2021. Dkt. #4 . When that deadline passed without any such filing, the Court dismissed the action and entered final judgment. Dkts. #5 , #6 . The Court has since received an amended complaint from Mr. Cain via U.S. postal mail. Although Mr. Cain's amended complaint was entered on November 17, 2021, the document was signed on November 10, 2021, dkt. 7 at 5, and postmarked on November 12, 2021, dkt. 7-1. Under the "prison mailbox rule," a prisoner's filing is treated as filed when it is handed over to prison staff for mailing. Taylor v. Brown, 787 F.3d 851, 858-59 (7th Cir. 2015). The Court therefore finds that Mr. Cain's mailing complies with the Court's November 12, 2021 deadline and vacates the dismissal order and judgment at Docket Nos. 5 and 6. The clerk is directed to reopen this matter. Mr. Cain's amended complaint at Docket No. #7 is now the operative complaint and will be screened in due course pursuant to 28 U.S.C. 1915(A). Copy to Plaintiff via U.S. Mail. Signed by Judge Jane Magnus-Stinson on 11/18/2021. (MAC)
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Filing 9
CONSENT to Jurisdiction to US Magistrate Judge by CHRISTIAN CAIN. (Attachments: #1 Envelope). (MAC)
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Filing 8
MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff CHRISTIAN CAIN. (Attachments: #1 Envelope). (MAC)
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Filing 7
AMENDED COMPLAINT against All Defendants, filed by CHRISTIAN CAIN. (Attachments: #1 Envelope). (MAC)
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Filing 6
***VACATED PER ORDER #10 ***CLOSED JUDGMENT - The Court now enters FINAL JUDGMENT. The action is dismissed for failure to state a claim upon which relief may be granted. Copy to Plaintiff via U.S. Mail. Signed by Judge Jane Magnus-Stinson on 11/15/2021. (MAC) Modified on 11/18/2021 (MAC).
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Filing 5
***VACATED PER ORDER #10 ***ORDER DISMISSING ACTION AND DIRECTING ENTRY OF FINAL JUDGMENT. This Court's screening Order of October 13, 2021, dismissed the operative complaint pursuant to 28 U.S.C. 1915A. Dkt. #4 . Plaintiff Christian Cain was given a period of time in which to attempt to cure the deficiencies noted in that Order. Id. at 3. That deadline has passed, and Mr. Cain has failed to respond to the Court's Order. For the reasons stated in the Court's screening Order, Mr. Cain's allegations are insufficient to state a claim. See dkt. 4. Therefore, this action is dismissed for failure to state a claim upon which relief can be granted. 28 U.S.C. 1915A. Because this action has been dismissed for failure to state a claim, Mr. Cain is assessed a "strike" and notified that upon the receipt of three total strikes, he will not be permitted to proceed in forma pauperis in future litigation unless he is under imminent danger of serious physical injury. 28 U.S.C. 1915(g). Final judgment shall now enter. Copy to Plaintiff via U.S. Mail. Signed by Judge Jane Magnus-Stinson on 11/15/2021. (MAC) Modified on 11/18/2021 (MAC).
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Filing 4
ORDER ADDRESSING FILING FEE, DISMISSING COMPLAINT, AND DIRECTING FURTHER PROCEEDINGS. Mr. Cain shall have through November 12, 2021, to either pay the $402.00 filing fee for this action or demonstrate that he lacks the financial ability to do so. The clerk is directed to include a blank form "Motion for Leave to Proceed In Forma Pauperis" with Mr. Cain's copy of this Entry. Mr. Cain also shall have through November 12, 2021, to file an amended complaint that cures the deficiencies identified in this Entry. The clerk is directed to include a blank Complaint Form with Mr. Cain's copy of this Order. (See Order). Copies to Plaintiff via U.S. Mail. Signed by Judge Jane Magnus-Stinson on 10/13/2021. (Attachments: #1 Form Motion to Proceed In Forma Pauperis, #2 Blank Complaint Form). (MAC)
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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)
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Filing 2
MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO)
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Filing 1
COMPLAINT against CYBERSKI, GEO GROUP INC., SANCHEZ, SEVER, SEYE, filed by CHRISTIAN CAIN. (No fee paid with this filing) (Attachments: #1 Envelope)(REO)
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