NEAL v. THE UNITED STATES OF AMERICA et al
| ROBERT DAVID NEAL |
| CHARLES E. SAMUELS, JR., FRANCISCO J. QUINTANA, CHRISTOPHER PURDUE, JOHN C. OLIVER, AMBER L. NELSON, S. MARKEL, D. LOCKETT, CHARLES L. LOCKETT, HARLEY G. LAPPIN, THOMAS R. KANE, CHRISTOPHER A. GREINER, STEPHEN COPE, F. TIMOTHY COLEMAN, TERESER A. BANKS, KATHERINE SIERVELD, J. SIMMONS, MICHAEL L. STEPHENS, JOHN STOCKTON, THE UNITED STATES OF AMERICA and CHARLES WELLS |
| 2:2013cv00188 |
| May 15, 2013 |
| US District Court for the Southern District of Indiana |
| Terre Haute Office |
| Mark J. Dinsmore |
| Jane Magnus-Stinson |
| Prisoner Petitions - Prison Condition |
| 28 U.S.C. ยง 2671 Federal Tort Claims Act |
| Plaintiff |
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Filing
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Entry Concerning Selected Matters - A copy of the notice filed by the plaintiff on August 30, 2013, shall be included with the plaintiff's copy of this Entry. The action is not dismissed based on the plaintiff's notice filed on August 30, 2013. He shall have through September 18, 2013, in which to file a notice of dismissal as to any claim not already dismissed in the Entry of July 9, 2013, and the Entry of August 5, 2013, and which recites that he is dismissing the action with out prejudice. The plaintiff remains responsible for payment of the filing fee. If the plaintiff is not going to proceed as contemplated in paragraph 3 of this Entry, he shall proceed as directed in the Entry of August 5, 2013 part III C. (See Entry.) Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 9/5/2013.(RSF)
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Filing
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ENTRY and NOTICE. Based on the information in Part I of this Entry, the order granting the plaintiff's request to proceed in forma pauperis 5 is vacated. Also based on the information reviewed in Part I of this Entry, the reque st to proceed in forma pauperis 2 is denied. The plaintiff shall have through August 30, 2013, in which to pay the $350.00 filing fee and the $50.00 administrative fee, a total of $400.00, to the clerk of this court. T He plaintiff is reminded that "unpaid docket fees incurred by litigants subject to Section 1915(g) lead straight to an order forbidding further litigation." Sloan v. Lesza, 181 F.3d 857, 859 (7th Cir. 1999). Signed by Judge Jane Magnus-Stinson on 8/12/2013. Copy mailed to plaintiff via U.S. Mail.(NMT)
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Filing
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Entry Discussing Selected Matters - As noted in the Entry issued on July 9, 2013, because the plaintiff is a "prisoner" as defined by 28 U.S.C. Sec. 1915 (h), the Court is obligated pursuant to 28 U.S.C. Sec. 1915A(b) to dismiss any legal ly insufficient claim(s) in the complaint. The Order referred to above (David J. Nelson v. Robert David Neal, No. 4:C 09-5162 PJH), shall be separately entered on the docket in this case and a copy of such Order shall be included with the plainti ff's copy of this Entry. The following claims are dismissed: 1. Any claim in this action pursuant to the FTCA which asserts a "tort" violative of the plaintiff's constitutional rights is dismissed. 2. Any claim asserted in thi s action based on an alleged breach of contract is dismissed. 3. Any claim asserted in this action based on allegations which stand in contradiction to the habeas and mandamus actions referenced above is dismissed. No partial final judgment shall issue at this time as to the claims dismissed in Part III.A. of this Entry. If the plaintiff intends to assert claims not dismissed in Part III.A. of this Entry or in the Entry of July 9, 2013, he may assert such claims in an amended complaint. If no amended complaint is filed as permitted above, the action will be dismissed consistent with the dismissal of the complaint in Part III.A. of this Entry. (See Entry.) Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 8/5/2013.(RSF)
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