GABALDON v. LILLY et al
| FRANK GABALDON |
| K. BEAVER, LAWRENCE HOWARD, S. LILLY and HELEN MARBERRY |
| 2:2010cv00149 |
| June 9, 2010 |
| US District Court for the Southern District of Indiana |
| Terre Haute Office |
| William T. Lawrence |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Filing
13
Entry Dismissing Insufficient Claim and Directing Further Proceedings; Frank Gabaldon alleges while confined at the United States Penitentiary in Terre Haute, Indiana defendants S. Lilly, Lawrence Howard, Warden Marberry, and K. Beaver subjected him to cruel and unusual punishment in violation of the Eighth Amendment. In addition, Gabaldon alleges that defendants Parker, E. Rardin, and Lt. Taylor blocked him from utilizing administrative remedies at the USPTH. Claims of unconstitutional medical care provided by Z. Ndife and T. Webster were severed from the present action and docketed as No. 2:10-cv-281-JMS-TAB; Any claim in Gabaldons second amended complaint which fails to state a claim upon which relief can granted must be dismissed; clai m that defendants Parker, E. Rardin, and Lt. Taylor blocked Gabaldons attempts to utilize the grievance procedure at the USPTH is dismissed for failure to state a claim upon which relief may be granted; No partial final judgment shall issue at this t ime as to the claim resolved in this Entry; Under ordinary circumstances, the next step in this section would be for process to issue to defendants Lilly, Howard, and Marberry, and measures taken to serve that process on them. In this case, however, that step will not be taken without a further statement from the plaintiff that he intends to proceed with the case. The reason this additional step is warranted is that the civil action docketed as No. 2:10-cv-281-JMS-TAB was dismissed recently and the plaintiffs copy of that ruling was returned to the clerk undelivered. plaintiff has not, informed court of a new address either in this case or in No.2:10-cv-281-JMS-TAB; the plaintiff shall have through January 12, 2011, in which to report in writing that he wishes to proceed with claims not dismissed as legally insufficient in this action, aand to include in such reports any change in his address. Signed by Judge William T. Lawrence on 12/15/2010.(served by U. S. mail)(VS)
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Filing
10
Entry Rejecting Amended Complaint and Directing Further Proceedings; Gabaldons amended complaint is rejected; Gabaldon shall have through October, 1, 2010,, in which to file a second amended complaint; If a second amended complai nt is filed as permitted above, the court will screen it as required by 28 U.S.C. § 1915A. If a second amended complaint is not filed as permitted in this Entry, the action will be dismissed in its entirety without further notice to the plaintiff. Signed by Judge William T. Lawrence on 9/8/2010.(VS)
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