MEYERS v. GEO MENTAL HEALTH et al

Filing 4

Entry Discussing Motion to Proceed in Forma Pauperis, Discussing Complaint and Directing Service of Process - The plaintiff's motion to proceed in forma pauperis [dkt. 2 ] is denied without prejudice because he failed to submit a certified c opy of his trust fund account statement (or institutional equivalent) for the 6-month period immediately preceding the filing of his complaint on December 28, 2016, as required by 28 U.S.C. § 1915(a)(2). He shall have through January 31, 2017 , in which to either pay the $400.00 filing fee or renew his request for in forma pauperis status with the required information. The complaint lists as a second defendant NCF/NCP GEO Mental Health. There are no allegations asserted against th is defendant, nor is it a suable entity. Therefore, any claim brought against GEO Mental Health is dismissed for failure to state a claim upon which relief can be granted. The clerk is designated pursuant to Fed. R. Civ. P. 4(c) to issue process t o Officer Tutt in the manner specified by Rule 4(d). Process shall consist of the complaint filed on December 28, 2016 (docket 1), applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry. The plaintiff shall report any change of address within seven (7) days. The clerk shall update the docket to reflect the dismissal of the claim against GEO Mental Health. Copy to Plaintiff and Defendant via U.S. Mail. Signed by Judge Tanya Walton Pratt on 12/30/2016. (JLS)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION KEVIN MEYERS, Plaintiff, vs. GEO MENTAL HEALTH NCF/NCP, OFFICER TUTT, Defendants. ) ) ) ) ) ) ) ) ) ) No. 1:16-cv-03492-TWP-TAB Entry Discussing Motion to Proceed In Forma Pauperis, Discussing Complaint, and Directing Service of Process I. In Forma Pauperis The plaintiff’s motion to proceed in forma pauperis [dkt. 2] is denied without prejudice because he failed to submit a certified copy of his trust fund account statement (or institutional equivalent) for the 6-month period immediately preceding the filing of his complaint on December 28, 2016, as required by 28 U.S.C. § 1915(a)(2). He shall have through January 31, 2017, in which to either pay the $400.00 filing fee or renew his request for in forma pauperis status with the required information. II. Screening Complaint Plaintiff Kevin Meyers, an inmate at the New Castle Correctional Facility, brings this action pursuant to 42 U.S.C. § 1983 alleging that in August 2016, defendant Officer Tutt used excessive force against him while he was strapped down, causing a cracked tooth and infection. Mr. Meyers seeks compensatory damages. Because Mr. Meyers is a “prisoner” as defined by 28 U.S.C. § 1915(h), the complaint is subject to the screening requirement of 28 U.S.C. § 1915A(b). Pursuant to this statute, the Court must dismiss a complaint if it is frivolous, malicious, or fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant who is immune from such relief. Id. The excessive force claim against Officer Tutt is construed as a claim brought under the Eighth Amendment to the Constitution. This claim shall proceed. The complaint lists as a second defendant NCF/NCP GEO Mental Health. There are no allegations asserted against this defendant, nor is it a suable entity. Therefore, any claim brought against GEO Mental Health is dismissed for failure to state a claim upon which relief can be granted. No partial final judgment shall issue regarding the claim dismissed in this Entry. III. Service of Process The clerk is designated pursuant to Fed. R. Civ. P. 4(c) to issue process to Officer Tutt in the manner specified by Rule 4(d). Process shall consist of the complaint filed on December 28, 2016 (docket 1), applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry. The plaintiff shall report any change of address within seven (7) days. The clerk shall update the docket to reflect the dismissal of the claim against GEO Mental Health. IT IS SO ORDERED. Date: 12/30/2016 NOTE TO CLERK: PROCESSING THIS DOCUMENT REQUIRES ACTIONS IN ADDITION TO DOCKETING AND DISTRIBUTION. Distribution: KEVIN MEYERS 145712 NEW CASTLE CORRECTIONAL FACILITY - Inmate Mail/Parcels 1000 Van Nuys Road NEW CASTLE, IN 47362 Officer Tutt c/o NEW CASTLE CORRECTIONAL FACILITY 1000 Van Nuys Road NEW CASTLE, IN 47362

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