CRISS v. DECATUR COUNTY DETENTION CENTER et al
| TERRY LEE CRISS, JR. |
| DECATUR COUNTY DETENTION CENTER, DAVE DURANT and DANA PARKER |
| 1:2022cv01531 |
| August 1, 2022 |
| US District Court for the Southern District of Indiana |
| Jane Magnus-Stinson |
| Doris L Pryor |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Filing 10 MOTION for Class Action, filed by Plaintiff TERRY LEE CRISS, JR. (Attachments: #1 Envelope)(JSR) |
Filing 9
Order on In Forma Pauperis Status - The motion for leave to proceed in forma pauperis, dkt #2 , is denied. The plaintiff shall have through October 12, 2022, in which to renew his motion to proceed in forma pauperis by attaching a copy of the transactions associated with his institution trust account for the 6-month period preceding the filing of this action on August 1, 2022. Otherwise, the plaintiff must pay the $402.00 filing fee. The failure to do so by this date will result in the dismissal of this action without further warning. (See Order.) Signed by Judge Jane Magnus-Stinson on 9/12/2022. Copy to Plaintiff via US Mail. (JSR)
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Filing 8
ORDER DIRECTING PLAINTIFF TO FILE HIS SIX-MONTH TRUST ACCOUNT STATEMENT - In August 2022, Plaintiff, an inmate at the Decatur County Detention Center in Greensburg, Indiana, moved for leave to proceed in forma pauperis. Dkt. #2 . Plaintiff was notified that the motion could not be resolved as presented because Plaintiff failed to submit a copy of his trust account statement for the six-month period preceding the filing of his August 1, 2022, complaint as required by 28 U.S.C. 1915(a)(2). Dkt. #4 . Plaintiff was given until September 7, 2022, to submit a copy of his trust account statement. Id. Now before the Court is Plaintiff's Motion for Court to Order Trust Fund Account Statement. The motion, dkt. [ #7 ], is GRANTED to the extent that Plaintiff is ORDERED to File his Trust Fund Account Statement by September 7, 2022. Further, Decatur County Detention Center is ORDERED to release Plaintiff's inmate trust fund account statement to Plaintiff for filing in this Court. The motion is DENIED to the extent that Plaintiff seeks a Court Order directing Decatur County Detention Center to file the trust fund account statement on his behalf. Plaintiff's motion does not suggest that he has made any attempts to obtain the trust account statement from jail officials on his own. Under these circumstances, a court Order directing a non-party to take action will not be issued. Bell v. Kay, 847 F.3d 866, 867 (7th Cir. 2017) (vacating dismissal of prisoner's case due to the district court's failure to assess the truthfulness of plaintiff's assertion that prison officials refused to provide the account ledger to him and the district court's failure to order prison officials to provide the ledger). Upon receipt of the required financial statement, the Court will assess what initial partial filing fee must be paid, if any, and whether a collection order should enter to collect the filing fee. Copy to Plaintiff via US Mail. Signed by Magistrate Judge Doris L. Pryor on 8/19/2022. (SWM)
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| Filing 7 MOTION for Court to Order Release of Inmate Trust Account, filed by Plaintiff TERRY LEE CRISS JR. (Attachments: #1 Envelope) (CKM) |
| Filing 6 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 5 CONSENT to Jurisdiction to US Magistrate Judge by TERRY LEE CRISS, JR. (Attachments: #1 Envelope)(JSR) |
| Filing 4 NOTICE OF DEFICIENCY - Your civil rights complaint has been received. You shall have through September 7, 2022, 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 to plaintiff by U.S. Mail. (MEH) |
| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Plaintiff, TERRY LEE CRISS, JR. (Attachments: #1 Envelope)(DJH) |
| Filing 1 COMPLAINT against DECATUR COUNTY DETENTION CENTER, DAVE DURANT, and DANA PARKER, filed by TERRY LEE CRISS, JR. (No fee paid with this filing) (Attachments: #1 Envelope)(DJH) |
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