HAMLET v. CITY OF INDIANAPOLIS et al
| KEVIN D. HAMLET |
| CITY CORPORATION OF MARION COUNTY, CITY OF INDIANAPOLIS, TERRY R. CURRY, CELESTE JAFFE, HELEN MARCHAL, MARION COUNTY PUBLIC DEFENDER'S OFFICE, DUANE MERCHANT and JANET PYKE |
| ABIGAIL GRANTSTEIN |
| PUTNAMVILLE CF (Court Use Only) |
| 2:2017cv00574 |
| December 19, 2017 |
| US District Court for the Southern District of Indiana |
| Terre Haute Office |
| Matthew P. Brookman |
| Jane Magnus-Stinson |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
5
Entry Granting In Forma Pauperis Status, Screening and Dismissing Complaint, and Allowing Plaintiff to Show Cause -Kevin D. Hamlet, an Indiana inmate incarcerated in the Putnamville Correctional Facility, filed this 42 U.S.C. § 1983 action on D ecember 19, 2017. He wishes to sue the City of Indianapolis, Marion County, a Superior Court judge, the county prosecutor, two deputy prosecutors, the public defender's office, a deputy public defender, and a court reporter for their conduct in his state court prosecution. Mr. Hamlet's motion for leave to proceed in forma pauperis, dkt. 3 , is granted. Because Mr. Hamlet's conviction remains in effect, and his Section 1983 action is focused entirely on the circumstances o f the conviction, Heck mandates its dismissal. Accordingly, the complaint is dismissed without prejudice. The Court has dismissed the complaint pursuant to Heck. Should plaintiff believe that there are circumstances or authorities overlooked by th e Court that would allow this action to proceed, he shall have through January 26, 2018, in which to show cause why this action should proceed. The failure to show cause by that date will result in the dismissal of this action and entry of final judgment without further notice. (See Entry.) Signed by Judge Jane Magnus-Stinson on 12/27/2017. (RSF)
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