BURTON v. MYERS et al, No. 1:2020cv01030 - Document 7 (S.D. Ind. 2020)
Court Description: ORDER ASSESSING A STRIKE AND DIRECTING ENTRY OF FINAL JUDGMENT - This action is dismissed. The Order of April 9, 2020, dismissed the operative complaint pursuant to 28 U.S.C. § 1915A. The plaintiff was given a period of time in which to att empt to cure the deficiencies noted in that Order. The deadline has passed without response from the plaintiff. Therefore, this action is properly dismissed. 28 U.S.C. § 1915A. Because the complaint has been dismissed for failure to state a c laim, the plaintiff is assessed a strike and notified that upon the receipt of three total strikes, he will not be permitted to proceed in forma pauperis in future litigation unless he is under imminent danger of serious physical injury. 28 U.S.C. § 1915(g). Judgment dismissing this action shall now issue. Signed by Judge James Patrick Hanlon on 5/14/2020. Copy to Plaintiff via US Mail. (DWH)
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BURTON v. MYERS et al Doc. 7 Case 1:20-cv-01030-JPH-DLP Document 7 Filed 05/14/20 Page 1 of 2 PageID #: 14 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION BRANDON BURTON, ) ) ) ) ) ) ) ) ) ) ) Plaintiff, v. MATT MYERS, HOLDRIETH, MAINTENANCE DEPARTMENT, Defendants. No. 1:20-cv-01030-JPH-DLP ORDER ASSESSING A STRIKE AND DIRECTING ENTRY OF FINAL JUDGMENT This action is dismissed. The Order of April 9, 2020, dismissed the operative complaint pursuant to 28 U.S.C. § 1915A. The plaintiff was given a period of time in which to attempt to cure the deficiencies noted in that Order. The deadline has passed without response from the plaintiff. Therefore, this action is properly dismissed. 28 U.S.C. § 1915A. Because the complaint has been dismissed for failure to state a claim, the plaintiff is assessed a strike and notified that upon the receipt of three total strikes, he will not be permitted to proceed in forma pauperis in future litigation unless he is under imminent danger of serious physical injury. 28 U.S.C. § 1915(g). Judgment dismissing this action shall now issue. SO ORDERED. Date: 5/14/2020 1 Dockets.Justia.com Case 1:20-cv-01030-JPH-DLP Document 7 Filed 05/14/20 Page 2 of 2 PageID #: 15 Distribution: BRANDON BURTON BARTHOLOMEW COUNTY JAIL 543 2nd Street Columbus, IN 47201 2
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