AVERITTE v. LAYTON
| DEANDRE LAWUAN AVERITTE |
| JOHN LAYTON |
| 1:2022cv00742 |
| April 11, 2022 |
| 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 Prisoner Civil Rights |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 16, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 12
ORDER ON #8 MOTION TO PROCEED IN FORMA PAUPERIS - The plaintiff's motion to proceed in forma pauperis, dkt. #8 , is GRANTED to the EXTENT that the plaintiff is assessed an initial partial filing fee of Sixteen Dollars and Fifty-Six Cents ($16.56). The plaintiff shall have through June 9, 2022, in which to pay this sum to the clerk of the district court. The plaintiff is informed that after the initial partial filing fee is paid, he will be obligated to make monthly payments of 20 percent of the preceding month's income each month that the amount in his account exceeds $10.00, until the full filing fee of $350.00 is paid. After the initial partial filing fee is received, a collection order will be issued to the plaintiff and the plaintiff's custodian, and the Court will screen the complaint. (See Order). Copies sent pursuant to distribution list. Regenerated NEF to Finance. Signed by Judge Jane Magnus-Stinson on 5/16/2022. (AKH)
|
| Filing 11 RESPONSE re #10 ORDER DIRECTING PLAINTIFF'S CUSTODIAN TO FORWARD CERTIFIED COPY OF PLAINTIFF'S SIX-MONTH TRUST ACCOUNT STATEMENT, filed by MARION COUNTY SHERIFF (Attachments: #1 Envelope)(AKH) |
|
Filing 10
ORDER DIRECTING PLAINTIFF'S CUSTODIAN TO FORWARD CERTIFIED COPY OF PLAINTIFF'S SIX-MONTH TRUST ACCOUNT STATEMENT - The plaintiff's motion for leave to proceed in forma pauperis states that he is unable to provide the Court with a copy of his jail trust account because the Marion County Jail is a paperless facility and therefore inmates are unable to procure a copy of their statement to mail to the Court. The Court hereby ORDERS the Jail Commander of Marion County Jail or his designee to provide the Court with a certified copy of the plaintiff's trust account statement for the six-month period preceding the filing of this action on April 11, 2022, and to do so no later than May 18, 2022. The trust account statement should be submitted to the Clerk of the Court and should reference case number 1:22-cv-00742-JMS-TAB. Upon receipt of the required financial statement, the Court will rule on the plaintiff's motion. See Order for additional information. Copy to Plaintiff and Jail Commander via US Mail. Signed by Magistrate Judge Tim A. Baker on 5/2/2022.(SWM)
|
|
Filing 9
ORDER - The plaintiff's motion for forms and information, dkt. [ #6 ], is granted to the extent the clerk is directed to include a copy of the motion for counsel form with the plaintiff's copy of this Order. Copies to Plaintiff via US Mail. Signed by Magistrate Judge Tim A. Baker on 5/2/2022. (SWM)
|
| Filing 8 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff DEANDRE LAWUAN AVERITTE. (Attachments: #1 Envelope)(AKH) |
| Filing 7 CONSENT to Jurisdiction to US Magistrate Judge by DEANDRE LAWUAN AVERITTE. (Attachments: #1 Envelope)(JD) |
| Filing 6 MOTION for Forms and Information for Filing a Motion to Appoint Counsel, filed by Plaintiff DEANDRE LAWUAN AVERITTE. (Attachments: #1 Envelope)(JD) |
|
Filing 5
ORDER Denying Motion for Leave to Proceed In Forma Pauperis, Dismissing Complaint, and Directing Filing of Amended Complaint. Mr. Averitte's motion for leave to proceed in forma pauperis, dkt. #2 , is denied as presented. The motion contains the names of minor children which, under Federal Rule of Civil Procedure 5.2(a), should have been identified only by their initials. The clerk is directed to seal this motion, dkt. 2. Mr. Averitte shall have through May 16, 2022, to renew his motion for leave to proceed in forma pauperis. Because the Court has been unable to identify a viable claim for relief against the named defendant, the complaint is subject to dismissal. The dismissal of the complaint will not in this instance lead to the dismissal of the action at present. Instead, the plaintiff shall have through May 16, 2022, to file an amended complaint. If the plaintiff files an amended complaint, it will be screened pursuant to 28 U.S.C. 1915A(b). If no amended complaint is filed by the above deadline, this action will be dismissed without further notice or opportunity to show cause. (See Order). Copy to Plaintiff via U.S. Mail. Signed by Judge Jane Magnus-Stinson on 4/19/2022. (MAC)
|
| 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 to plaintiff by U.S. Mail. (MEH) |
| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JSR) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff DEANDRE LAWUAN AVERITTE. (Attachments: #1 Exhibit Transaction History, #2 Envelope)(JSR) |
| Filing 1 COMPLAINT against JOHN LAYTON, filed by DEANDRE LAWUAN AVERITTE. (No fee paid with this filing) (Attachments: #1 Exhibit, #2 Envelope)(JSR) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Indiana Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: AVERITTE v. LAYTON | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: DEANDRE LAWUAN AVERITTE | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: JOHN LAYTON | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
