HARRIS v. SMITH
Plaintiff: JOHN HARRIS
Defendant: BRIAN SMITH
Case Number: 2:2019cv00197
Filed: April 26, 2019
Court: US District Court for the Southern District of Indiana
Presiding Judge: Doris L Pryor
Referring Judge: James R Sweeney
Nature of Suit: Prisoner Petitions - Prison Condition
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 28, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 28, 2019 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 R. Sweeney II on 5/28/2019. (DMW)
May 28, 2019 Opinion or Order Filing 7 Order Directing Entry of Final Judgment - 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 R. Sweeney II on 5/28/2019. (DMW)
May 2, 2019 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 R. Sweeney II on 5/2/2019. (Attachments: #1 Complaint Form)(DMW)
May 1, 2019 Opinion or Order 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 R. Sweeney II on 5/1/2019. (DMW)
April 26, 2019 Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH)
April 26, 2019 Filing 3 MOTION for Leave to Proceed in forma pauperis filed by Plaintiff, JOHN HARRIS. (Attachments: #1 Text of Proposed Order)(DJH)
April 26, 2019 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)
April 26, 2019 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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