LOFTSON v. VIGO COUNTY JAIL et al, No. 2:2020cv00411 - Document 8 (S.D. Ind. 2020)

Court Description: ORDER ASSESSING A STRIKE AND DIRECTING ENTRY OF FINAL JUDGMENT - The Order of August 11, 2020, dismissed the operative complaint because the plaintiff did not state a viable claim against any named defendant. Dkt. 6 . The plaintiff was given a perio d of time in which to attempt to cure the deficiencies noted in that Order. The deadline has passed and the plaintiff has not responded. Therefore, this action is properly dismissed pursuant to 28 U.S.C. § 1915A. Because the complaint has been d ismissed 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. See Order for details. Signed by Judge James Patrick Hanlon on 10/7/2020 (Copy mailed to Plaintiff).(LBT)

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LOFTSON v. VIGO COUNTY JAIL et al Doc. 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION JOSHUA DATON LOFTSON, ) ) ) ) ) ) ) ) ) Plaintiff, v. VIGO COUNTY JAIL, et al. Defendants. No. 2:20-cv-00411-JPH-MJD ORDER ASSESSING A STRIKE AND DIRECTING ENTRY OF FINAL JUDGMENT This action is dismissed for failure to state a claim. The Order of August 11, 2020, dismissed the operative complaint because the plaintiff did not state a viable claim against any named defendant. Dkt. 6. The plaintiff was given a period of time in which to attempt to cure the deficiencies noted in that Order. The deadline has passed and the plaintiff has not responded. Therefore, this action is properly dismissed pursuant to 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: 10/7/2020 1 Dockets.Justia.com Distribution: JOSHUA DATON LOFTSON 31685 VIGO COUNTY JAIL 201 Cherry Street Terre Haute, IN 47807 2

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