COMBS v. CLARK COUNTY et al
| THOMAS DANIEL COMBS |
| SAM BEARD, CLARK COUNTY, CONLEN, BRAD JONES, JAMEY NOEL and NUTTER |
| 4:2018cv00001 |
| January 4, 2018 |
| US District Court for the Southern District of Indiana |
| New Albany Office |
| Debra McVicker Lynch |
| Tanya Walton Pratt |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
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ENTRY Screening Amended Complaint and Directing Further Proceedings - The plaintiff's motion for assistance with recruiting counsel, dkt. 11 , is denied as premature. The plaintiff's motion to proceed in forma pauperis, dkt. 12 , is denie d a moot. The conditions of confinement claims against the remaining defendants, Officer K. Reschar, Officer Cunningham, Officer Hall, Officer Brown, Officer Rice, Officer Wimberly may proceed. The clerk is instructed to update the docket to reflect that Officer K. Reschar, Officer Cunningham, Officer Hall, Officer Brown, Officer Rice, and Officer Wimberly are the only defendants in this action. The clerk is designated pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to Officer K. Reschar, O fficer Cunningham, Officer Hall, Officer Brown, Officer Rice, and Officer Wimberly in the manner specified by Rule 4(d). Process shall consist of the complaint, applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry. See Entry for details. Copy sent to plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 2/15/2018. (MAT)
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Filing
8
ENTRY - The plaintiff has filed a motion for court's assistance that the Court interprets as a motion to reconsider its January 9, 2018, entry denying his motion for in forma pauperis. The plaintiff's motion to reconsider, dkt. 7 , is gran ted and the plaintiff is granted in forma pauperis status. Because the plaintiff is unable to obtain a copy of his institutional trust account, the initial partial filing fee is waived. Jamey Noel, Brad Jones, Director Conlen, Sam Beard, and Nutter a re dismissed for failure to state a claim and they are dismissed as defendants from this action. Mr. Combs has also named the Clark County Jail. The Clark County Jail is not a suable entity. It is dismissed as a defendant from this action. Because th e Court has been unable to identify a viable claim for relief against any particular 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 February 20, 2018, in which to file an amended complaint. Copy sent to plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 1/18/2018. (MAT)
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Filing
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ENTRY - The plaintiff's motion to proceed in forma pauperis, dkt. 2 , is denied as presented. The plaintiff shall have through February 9, 2018, in which to either pay the $400.00 filing fee for this action or demonstrate that he lacks the financial ability to do so. The plaintiff's motion to appoint counsel, dkt. 3 , is denied as premature. The complaint has not been screened and the defendants have not been served. See Entry for details. Copy sent to plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 1/9/2018. (MAT)
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