TURNER v. GEO GROUP, INC. et al

Filing 5

ORDER granting 2 Motion for Leave to Proceed in forma pauperis. The Plaintiff is assessed an initial partial filing fee of $5.33 and should be paid by 1/6/2016. Order granting 3 Motion for emergency screening to the extent that the compl aint will be considered as soon as possible. All other claims are severed and all other defendants (with the exception of Warden Keith Butts) are dismissed without prejudice. The clerk is directed to terminate these defendants on the docket. The clerk is designated to issue and serve process on the Defendant Warden Butts. Signed by Judge Tanya Walton Pratt on 12/16/2015 (dist made) (CBU)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

KEVIN S. TURNER,

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Plaintiff,
vs.
GEO GROUP, INC., et al.
Defendants.

Case No. 1:15-cv-01949-TWP-DML

Entry Directing Further Proceedings
I.
The plaintiff’s motion for leave to proceed in forma pauperis [dkt. 2] is granted based on
his representation that he is “under imminent danger of serious physical injury.” See 28 U.S.C.
§ 1915(g). The plaintiff is assessed an initial partial filing fee of Five Dollars and Thirty-Three
($5.33). He shall have through January 6, 2016, in which to pay this sum to the clerk of the
district court.
II.
The plaintiff’s request for “emergency screening of prisoner complaint” [dkt. 3] is granted
to the extent that the complaint docketed on December 12, 2015, has been considered as soon as
possible.
III.
Plaintiff Kevin S. Turner alleges that he is under imminent danger of serious physical injury
given his placement in general population. His complaint explains that he has been assigned to
general population where he will be physically injured. He knows this because he is considered an

informant, a hit has been placed on him, and he was attacked by his cellmate when he was placed
in general population in October 2015. This claim for injunctive relief is based on the theory that
Mr. Turner is currently subjected to unconstitutional conditions of confinement in violation of the
Eighth Amendment.
The defendant who can provide the injunctive relief Mr. Turner seeks is Warden Keith
Butts, in his official capacity. All other claims are severed and all other defendants (with the
exception of Warden Keith Butts) are dismissed without prejudice. The clerk is directed to
terminate these defendants on the docket.
The reason for the severing of claims is the following. Mr. Turner has acquired three strikes
and is not permitted to file a civil action without the prepayment of the filing fee unless he under
imminent danger of serious physical injury. Mr. Turner’s claims for money damages against the
defendants in their individual capacities are separate from the claim for injunctive relief against
the Warden in his official capacity. In addition, the claims of retaliation and failure to protect based
on circumstances which occurred in October 15, 2015, are outside the scope of the imminent
danger exception. If Mr. Turner seeks to bring these claims, he must do so by filing another civil
action along with the $400.00 filing fee.
IV.
The clerk is designated, pursuant to Fed. R. Civ. P. 4(c)(3), to issue and serve process on
the defendant Warden Butts in the manner specified by Fed. R. Civ. P. 4(d)(1). Process shall
consist of the complaint, applicable forms and this Entry.
IT IS SO ORDERED.

Date: 12/16/2015

Distribution:
Financial Deputy Clerk
KEVIN S. TURNER
922829
NEW CASTLE - CF
NEW CASTLE CORRECTIONAL FACILITY - Inmate Mail/Parcels
1000 Van Nuys Road
NEW CASTLE, IN 47362
Warden Keith Butts
New Castle Correctional Facility
P.O. Box A
1000 Van Nuys Rd.
New Castle, IN 47362