STEVENS v. VIGO COUNTY SHERIFF'S DEPT. et al, No. 2:2011cv00089 - Document 3 (S.D. Ind. 2011)

Court Description: ENTRY Discussing Complaint and Directing Further Proceedings; Plaintiff's request for leave to proceed in forma pauperis is granted. The claim against the Vigo County Sheriff's Department is dismissed because there is no allegation of wrongdoing on its part. No partial final judgment shall issue at this time as to the claim resolved in this Entry. The clerk is designated, pursuant to Fed. R. Civ. P. 4(c)(3), to issue and serve process on Detective Paul Hartzler in the manner specified by Fed. R. Civ. P. 4 (d)(1). Process in this case shall consist of the complaint, applicable forms and this Entry. Signed by Judge Jane Magnus-Stinson on 5/3/2011. (served by US mail)(NKD)

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STEVENS v. VIGO COUNTY SHERIFF'S DEPT. et al Doc. 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA SAUL M. STEVENS, Plaintiff, vs. PAUL HARTZLER, VIGO COUNTY SHERIFF’S DEPARTMENT, Defendant. ) ) ) ) ) ) ) ) ) 2:11-cv-89-JMS-TAB Entry Discussing Complaint and Directing Further Proceedings I. Plaintiff Saul Steven’s request for leave to proceed in forma pauperis is granted. The assessment of even a partial initial filing fee is not feasible at this time. II. Saul Stevens alleges that defendant Paul Hartzler, a detective with the Vigo County Sheriff’s Department, violated Stevens’ constitutional rights by illegally searching and seizing his vehicle and its contents. Stevens seeks money damages. Stevens is a prisoner, meaning that his complaint must be screened pursuant to 28 U.S.C. § 1915A. This statute “requires the district judge to screen prisoner complaints at the earliest opportunity and dismiss the complaint, in whole or part, if . . . it ‘fails to state a claim upon which relief can be granted.’” Sanders v. Sheahan, 198 F.3d 626 (7th Cir. 1999) (quoting 28 U.S.C. § 1915A(b)(1)). The claim against the Vigo County Sheriff’s Department is dismissed because there is no allegation of wrongdoing on its part. "Where a complaint alleges no specific act or conduct on the part of the defendant and the complaint is silent as to the defendant except for his name appearing in the caption, the complaint is properly dismissed." Potter v. Clark, 497 F.2d 1206, 1207 (7th Cir. 1974). No partial final judgment shall issue at this time as to the claim resolved in this Entry. III. Dockets.Justia.com The clerk is designated, pursuant to Fed. R. Civ. P. 4(c)(3), to issue and serve process on Detective Paul Hartzler in the manner specified by Fed. R. Civ. P. 4(d)(1). Process in this case shall consist of the complaint, applicable forms and this Entry. IT IS SO ORDERED. Date: 05/03/2011 _______________________________ Hon. Jane Magnus-Stinson, Judge United States District Court Southern District of Indiana Distribution: SAUL M. STEVENS 162020 PUTNAMVILLE CORRECTIONAL FACILITY 1946 West U.S. 40 Greencastle, IN 46135 Detective Paul Hartzler Vigo County Sheriff’s Office 201 Cherry St. Terre Haute, IN 47807

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