PERKINS JR et al v. DECATUR COUNTY DETENTION CENTER et al
| DALE PERKINS JR and ROY ALLEN HERSLEY |
| DECATUR COUNTY DETENTION CENTER, DAVE DURANT and DANA PARKER |
| 1:2022cv01436 |
| July 18, 2022 |
| US District Court for the Southern District of Indiana |
| Sarah Evans Barker |
| Debra McVicker Lynch |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on September 14, 2022. A more recent docket listing may be available from PACER.
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| Filing 13 Mail Returned as undeliverable. #10 Order sent to ROY ALLEN HERSLEY. (Return to Sender Attempted Not Known Unable to Forward) (CKM) |
Filing 12
ORDER - Directing Further Proceedings; On August 4, 2022, the Court ordered plaintiff Dale Perkins to pay an initial partial filing fee of Fifteen Dollars and Eleven Cents ($15.11) by August 31, 2022. That deadline has passed and the plaintiff has failed to do so or otherwise respond. Therefore, Mr. Perkins shall have through October 13, 2022, to pay the initial partial filing fee or explain why doing so is not possible. The failure to do so by this date will result in the dismissal of his claims without further warning. See 28 U.S.C. 1915(b)(1) (requiring court to assess and collect an initial partial filing fee). Signed by Judge Sarah Evans Barker on 9/14/2022.(CKM)
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| Filing 11 Mail Returned as undeliverable. #10 Order sent to DALE PERKINS JR. (Return to Sender Attempted Not Known Unable to Forward) (CKM) |
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Filing 10
ORDER DIRECTING PLAINTIFF ROY HERSLEY TO FILE SIGNED COMPLAINT AND MOTION TO PROCEED IN FORMA PAUPERIS - Plaintiff Dale Perkins filed this lawsuit naming himself and Roy Hersley as plaintiffs. But Mr. Hersley has not signed the complaint or filed a motion to proceed in forma pauperis. The Court assumes that, like Mr. Perkins, Mr. Hersley is confined at the Decatur County Detention Center and the clerk shall update the docket to reflect Mr. Hersley's address as identified below. In addition, Mr. Hersley is DIRECTED to demonstrate his interest in participating in this case. Mr. Hersley shall have through September 26, 2022, in which to either pay the $402.00 filing fee for this action or file a motion to proceed in forma pauperis. In addition, Mr. Hersley and Mr. Perkins must file a consolidated complaint that sets forth all of their claims and is signed by both plaintiffs. In the alternative, Mr. Hersley may file a notice voluntarily dismissing his claims. If Mr. Hersley does not take these steps by September 26, 2022, his claims will be dismissed without prejudice. Copies sent pursuant to distribution list. (See Order). Signed by Judge Sarah Evans Barker on 8/31/2022.(AKH)
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| Filing 9 Mail Returned as undeliverable. #8 Order on Motion for Leave to Proceed in forma pauperis sent to DALE PERKINS JR. (Return to Sender no Such Number Unable to Forward) (CKM) |
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Filing 8
ORDER on Motion to Proceed In Forma Pauperis; Plaintiff Dale Perkins's motion to proceed in forma pauperis, dkt. #2 , is granted to the extent that the plaintiff is assessed an initial partial filing fee of Fifteen Dollars and Eleven ($15.11). The plaintiff shall have through August 31, 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. 28 U.S.C. 1915(b)(2). 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 in accordance with 28 U.S.C. 1915A. Signed by Judge Sarah Evans Barker on 8/4/2022. Copy Mailed/cc: Finance (CKM)
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| Filing 7 RESPONSE re #4 ORDER DIRECTING PLAINTIFF'S CUSTODIAN TO FORWARD CERTIFIED COPY OF PLAINTIFF'S TRUST ACCOUNT STATEMENT, filed by Defendant DECATUR COUNTY DETENTION CENTER. (Attachments: #1 Envelope)(AKH) |
| Filing 5 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 6 Mail Returned as undeliverable. #3 Magistrate Judge's Notice of Availability to Exercise Jurisdiction sent to DALE PERKINS JR. (No Such Number) (CKM) **No new address reported** - Modified on 7/29/2022 (JRT). |
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Filing 4
ORDER DIRECTING PLAINTIFF'S CUSTODIAN TO FORWARD CERTIFIED COPY OF PLAINTIFF'S TRUST ACCOUNT STATEMENT - The Court ORDERS the Sheriff or his designee at the Decatur County Jail to provide the Court with a certified copy of Plaintiff's trust account statement for the six-month period preceding the filing of this action on July 18, 2022, and to do so no later than August 19, 2022. The trust account statement should be submitted to the Clerk of Court and should reference case number 1:22-cv-01436-SEB-DML. The Court will rule on Mr. Perkins' motion for leave to proceed in forma pauperis following receipt of the required financial statement. Copy to Plaintiff and Sheriff via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 7/21/2022.(SWM)
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| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DRB) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff DALE PERKINS JR. (Attachments: #1 Envelope)(DRB) |
| Filing 1 COMPLAINT against DECATUR COUNTY DETENTION CENTER, DAVE DURANT, DANA PARKER, filed by DALE PERKINS JR. (No fee paid with this filing) (Attachments: #1 Cover Letter)(DRB) (Additional attachment(s) added on 7/19/2022: #2 Envelope) (DRB). |
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