JOHNSON v. NEW CASTLE CORRECTIONAL FACILITY

Filing 5

Entry on Pending Motions - The plaintiff's motion to proceed in forma pauperis [dkt. 2] is denied as presented. He shall have until June 10, 2016, in which renew his motion to proceed in forma pauperis by attaching a copy of the transactions ass ociated with his institution trust account for the 6-month period preceding the filing of this action on May 6, 2016. 42 U.S.C. § 1915(a)(2). He should also be sure that he signs his motion. Otherwise, the plaintiff must pay the $400.00 fil ing fee. The plaintiff's motion to appoint counsel [dkt. 3] is denied as premature. The Court notes that the plaintiff's complaint is not signed as required by Rule 11 of the Federal Rules of Civil Procedure. The plaintiff shall have throug h June 10, 2016, in which to submit a complaint that is properly signed. Finally, the clerk shall amend the docket to reflect the plaintiff's DOC number as reflected in the Distribution of this Entry. Copy to Plaintiff via U.S. Mail. Signed by Judge Tanya Walton Pratt on 5/11/2016. (JLS)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION JAMES J. JOHNSON, ) ) ) ) ) ) ) ) ) ) Plaintiff, vs. NEW CASTLE CORRECTIONAL FACILITY, et al. Defendants. No. 1:16-cv-01146-TWP-TAB Entry on Pending Motions I. The plaintiff’s motion to proceed in forma pauperis [dkt. 2] is denied as presented. He shall have until June 10, 2016, in which renew his motion to proceed in forma pauperis by attaching a copy of the transactions associated with his institution trust account for the 6-month period preceding the filing of this action on May 6, 2016. 42 U.S.C. § 1915(a)(2). He should also be sure that he signs his motion. Otherwise, the plaintiff must pay the $400.00 filing fee. II. The plaintiff’s motion to appoint counsel [dkt. 3] is denied as premature. The filing fee has not been paid, the complaint has not been screened, and the defendants have not been served. In addition, the Seventh Circuit has found that “until the defendants respond to the complaint, the plaintiff's need for assistance of counsel . . . cannot be gauged.” Kadamovas v. Stevens, 706 F.3d 843, 845 (7th Cir. 2013). If the plaintiff wishes to renew his request for counsel after these steps are taken, he may consider using the enclosed Motion for Assistance with Recruiting Counsel form. III. The Court notes that the plaintiff’s complaint is not signed as required by Rule 11 of the Federal Rules of Civil Procedure. The plaintiff shall have through June 10, 2016, in which to submit a complaint that is properly signed. IV. Finally, the clerk shall amend the docket to reflect the plaintiff’s DOC number as reflected in the Distribution of this Entry. IT IS SO ORDERED. Date: 5/11/2016 Distribution: JAMES J. JOHNSON 204136 NEW CASTLE - CF NEW CASTLE CORRECTIONAL FACILITY - Inmate Mail/Parcels 1000 Van Nuys Road NEW CASTLE, IN 47362 Note to Clerk: Processing this document requires actions in addition to docketing and distribution.

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