HARRIS v. SMITH
JOHN HARRIS |
BRIAN SMITH |
2:2019cv00196 |
April 26, 2019 |
US District Court for the Southern District of Indiana |
Mark J Dinsmore |
James Patrick Hanlon |
Prisoner Petitions - Prison Condition |
42 U.S.C. ยง 1983 |
None |
Docket Report
This docket was last retrieved on May 28, 2019. A more recent docket listing may be available from PACER.
Document Text |
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Filing 8 JUDGMENT - The court, having this day made its Entry, IT IS NOW ADJUDGED that this cause of action is dismissed for failure to state a claim upon which relief may be granted. Signed by Judge James Patrick Hanlon on 5/28/2019. (DMW) |
Filing 7 ORDER DIRECTING ENTRY OF FINAL JUDGMENT - This action is dismissed for failure to state a claim. After having been given the chance to amend his complaint and having failed to take it, this action is properly dismissed under Federal Rules of Civil Procedure 12(b)(6). Judgment dismissing this action shall now issue. (See Order.) Signed by Judge James Patrick Hanlon on 5/28/2019. (DMW) |
Filing 6 Entry Dismissing Complaint and Directing Filing of Amended Complaint - Because the Court has been unable to identify a viable claim for relief against the only named defendant, the complaint is subject to dismissal. The dismissal of the complaint will not in this instance lead to the dismissal of the action at present. Instead, the plaintiff shall have through May 23, 2019, to file an amended complaint. The clerk is directed to include a copy of the prisoner civil rights complaint form along with the plaintiff's copy of this Entry. If the plaintiff files an amended complaint, it will be screened pursuant to 28 U.S.C. 1915A(b). If no amended complaint is filed, this action will be dismissed without further notice or opportunity to show cause. (See Entry.) Signed by Judge James Patrick Hanlon on 5/2/2019. (Attachments: #1 Complaint Form)(DMW) |
Filing 5 ORDER DIRECTING FURTHER PROCEEDINGS - The plaintiff's motion to proceed in forma pauperis, dkt. #3 , is denied as presented. He shall have until May 23, 2019, 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 April 26, 2019. (See Order.) Signed by Judge James Patrick Hanlon on 5/2/2019. (DMW) |
Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) |
Filing 3 MOTION for Leave to Proceed in forma pauperis filed by Plaintiff, JOHN HARRIS. (Attachments: #1 Text of Proposed Order)(DJH) |
Filing 2 COMPLAINT against BRIAN SMITH, filed by JOHN HARRIS. (No fee paid with this filing) (Attachments: #1 Exhibit A Offender Grievance, #2 Exhibit B Offender Grievance, #3 Exhibit C Offender Grievance Response Report, #4 Exhibit D Offender Grievance, #5 Exhibit E Report)(DJH) Modified on 4/26/2019 (DJH). (Main Document 2 replaced on 4/26/2019) (DJH). |
Filing 1 CONSENT to Prisoner E-Service by JOHN HARRIS located at PUTNAMVILLE CF. Pursuant to General Order 2013-1, documents submitted by JOHN HARRIS to the court for filing will generate a Notice of Electronic Filing that will constitute official service upon registered users of CM/ECF. If any parties to the case are not registered CM/ECF users, the Clerk of the Court will mail the document via U.S. Postal Service on behalf of the inmate. NOTE: The E-Filing Program does not affect the obligation of other parties to serve copies of documents in accordance with the Federal Rules of Civil Procedure. (DJH) |
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Plaintiff: JOHN HARRIS | |
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Defendant: BRIAN SMITH | |
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