SALTER v. WHOEVER THIS CONCERNS, No. 2:2020cv00456 - Document 5 (S.D. Ind. 2020)

Court Description: ENTRY DISMISSING ACTION AND DIRECTING ENTRY OF FINAL JUDGMENT - The action is dismissed for failure to state a claim upon which relief can be granted and for failure to pay the filing fee. This dismissal counts as a "strike" pursuant to 28 U.S.C. § 1915 (g). Judgment consistent with this Entry shall now issue. Copy to Plaintiff via US Mail. Signed by Judge James Patrick Hanlon on 10/20/2020.(KAA)

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SALTER v. WHOEVER THIS CONCERNS Doc. 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION TRACEY LAMOUAR SALTER, II, ) ) ) ) ) ) ) ) ) Plaintiff, v. WHOEVER THIS CONCERNS, Defendant. No. 2:20-cv-00456-JPH-MJD ENTRY DISMISSING ACTION AND DIRECTING ENTRY OF FINAL JUDGMENT In the Entry of September 9, 2020, the Court dismissed the complaint pursuant to 28 U.S.C. § 1915A(b) for failure to state a claim upon which relief may be granted. Dkt. 4. The Court gave the plaintiff an opportunity to file an amended complaint that cured the deficiencies that were identified. Id. The plaintiff was also directed to either pay the $400.00 filing fee or move for leave to proceed in forma pauperis. Id. The deadline for both tasks was October 2, 2020. Id. The plaintiff has not responded to these directions and the deadline to do so has passed. The plaintiff was warned that if he failed to comply with these orders in the time provided, the Court would dismiss this action without further warning and enter final judgment for failure to state a claim upon which relief can be granted in accordance with 28 U.S.C. § 1915A(b). Accordingly, the action is dismissed for failure to state a claim upon which relief can be granted and for failure to pay the filing fee. 28 U.S.C. § 1915A(b). This dismissal counts as a "strike" pursuant to 28 U.S.C. § 1915(g). Judgment consistent with this Entry shall now issue. SO ORDERED. Date: 10/20/2020 1 Dockets.Justia.com Distribution: TRACEY LAMOUAR SALTER, II 208025 WABASH VALLEY - CF WABASH VALLEY CORRECTIONAL FACILITY - Inmate Mail/Parcels 6908 S. Old US Hwy 41 P.O. Box 1111 CARLISLE, IN 47838 2

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