DAVEY v. KRAMER et al
| JERRY L. DAVEY, JR. |
| DOGGENDORF, KRAMER, McCUBBINS, NUTTER and BEARD |
| 4:2018cv00142 |
| August 6, 2018 |
| US District Court for the Southern District of Indiana |
| New Albany Office |
| Sarah Evans Barker |
| Debra McVicker Lynch |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 26, 2018. A more recent docket listing may be available from PACER.
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Filing 6
**PLEASE DISREGARD. DOCKETED IN INCORRECT CASE.** ORDER Directing Entry of Final Judgment - This action is dismissed for failure to state a claim upon which relief may be granted. The Entry of August 7, 2018, dismissed the operative complaint pursuant to 28 U.S.C. 1915A(b). The plaintiff was given a period of time in which to show cause why this action should not be dismissed because each of the claims alleged is barred by the applicable statute of limitations. That time has passed without a response from the plaintiff. Judgment dismissing this action shall now issue. Signed by Judge Sarah Evans Barker on 9/25/2018. Copy sent to plaintiff via US Mail. (MAT) Modified on 9/26/2018 (MAT).
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| Filing 8 CLOSED JUDGMENT - The court, having this day made its Entry, IT IS NOW ADJUDGED that this cause of action is dismissed pursuant to 28 U.S.C. 1915A. Signed by Judge Sarah Evans Barker on 9/25/2018. Copy sent to plaintiff via US Mail. (MAT) |
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Filing 7
ORDER Directing Entry of Final Judgment - This action is dismissed for failure to state a claim upon which relief may be granted. The Entry of August 7, 2018, dismissed the operative complaint pursuant to 28 U.S.C. 1915A(b). The plaintiff was given a period of time in which to show cause why this action should not be dismissed because each of the claims alleged is barred by the applicable statute of limitations. That time has passed without a response from the plaintiff. Judgment dismissing this action shall now issue. Signed by Judge Sarah Evans Barker on 9/25/2018. Copy sent to plaintiff via US Mail. (MAT)
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| Filing 5 ENTRY Dismissing Complaint and Directing Further Proceedings - This action was signed on July 31, 2018, and filed on August 6, 2018, more than a year after the expiration of Indiana's 2-year statute of limitations, with Mr. Davey's claims having accrued by no later than the end of February 2015, when he received an apology and was transferred back to the Clark County Jail. Mr. Davey shall have through August 29, 2018, in which to show cause why this action should not be dismissed because each of the claims alleged is barred by the applicable statute of limitations. See Entry for details. Signed by Judge Sarah Evans Barker on 8/7/2018. Copy sent to plaintiff via US Mail. (MAT) |
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Filing 4
ORDER on In Forma Pauperis Status - The plaintiff's motion to proceed in forma pauperis, dkt. #2 , is granted. Notwithstanding the foregoing ruling, "[a]ll [28 U.S.C.] 1915 has ever done is excuse pre-payment of the docket fees; a litigant remains liable for them, and for other costs, although poverty may make collection impossible." Abdul-Wadood v. Nathan, 91 F.3d 1023, 1025 (7th Cir. 1996). The assessment of even an initial partial filing fee is waived because the plaintiff has no assets and no means by which to pay a partial filing fee. 28 U.S.C. 1915(b)(4). Accordingly, no initial partial filing fee is due at this time. Signed by Judge Sarah Evans Barker on 8/7/2018. Copy sent to plaintiff via US Mail. (MAT)
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| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (LBT) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff JERRY L. DAVEY, JR. (Attachments: #1 Inmate Trust Account Statement, #2 Envelope)(LBT) |
| Filing 1 COMPLAINT against BEARD, DOGGENDORF, KRAMER, McCUBBINS, NUTTER, filed by JERRY L. DAVEY, JR. (No fee paid with this filing) (Attachments: #1 Envelope)(LBT) |
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