KONKLE v. SHERIFF OF CLARK COUNTY, INDIANA
||RYAN MICHAEL KONKLE
||CLARK COUNTY JAIL and SHERIFF OF CLARK COUNTY, INDIANA
||August 11, 2017
||US District Court for the Southern District of Indiana
||New Albany Office
||Tim A. Baker
||Tanya Walton Pratt
|Nature of Suit:
||Prisoner Petitions - Prison Condition
|Cause of Action:
||42 U.S.C. § 1983 Prisoner Civil Rights
|Jury Demanded By:
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|October 18, 2017
ENTRY Dismissing Action for Failure to Prosecute and Directing Entry of Final Judgment - Konkle has abandoned this lawsuit. The State of Indiana's online court records system indicates that Konkle was ordered released from custody on his state c riminal charges just three days after this action was filed. Since that time he has not updated his address with the Court nor filed any additional papers with the clerk. Each piece of mail sent to him by the clerk has been returned, including the no tices to pay the filing fee or renew his in forma pauperis motion. It has been more than two months since he was released from jail, and Konkle has made no attempt to prosecute his case. Dismissal of the action is appropriate under these circumstance s. Fed. R. Civ. P. 41(b); Dupree v. Hardy, 859 F.3d 458, 563 (7th Cir. 2017); Kasalo v. Harris & Harris, Ltd., 656 F.3d 557, 561 (7th Cir. 2011). Accordingly, this action is dismissed for failure to prosecute. Judgment consistent with this Entry shall now enter. See Entry for details. Copy sent to plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 10/18/2017. (MAT)
|August 15, 2017
ENTRY Screening Complaint, Denying in Forma Pauperis Motion - Plaintiff's motion for leave to proceed in forma pauperis, dkt. 2 , is denied as submitted without prejudice to being renewed. Plaintiff shall have through September 18, 2017, in whi ch to either pay the $400.00 filing fee for this action or demonstrate that he lacks the financial ability to do so. Plaintiff may proceed against the Sheriff of Clark County, Indiana, on his Eighth Amendment claim for the conditions of confinem ent in the jail. If plaintiff believes the Court has overlooked claims or defendants, he shall have through September 11, 2017, in which to notify the Court. The clerk is directed to modify the docket to terminate the Clark County jail as a defendant and substitute the Sheriff of Clark County, Indiana, as defendant. The clerk is designated pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendant Sheriff of Clark County, Indiana, in the manner specified by Rule 4(d). Process shall consis t of the complaint, dkt. 1, applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry. Copy sent to plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 8/15/2017. (MAT)
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