ASH v. STATE OF INDIANA et al

Filing 11

ORDER SCREENING AND DISMISSING THE COMPLAINT, GRANTING MOTION TO AMEND, AND DIRECTING FILING OF TRUST ACCOUNT STATEMENT. Plaintiff Cassius Ash, an inmate at Marion County Jail II, initiated this lawsuit by filing a complaint. Because Mr. Ash is a &qu ot;prisoner", this Court has an obligation under to screen his complaint before service on the defendants. For the reasons explained in the ORDER, the complaint is dismissed for failure to state a claim upon which relief may be granted and Mr. A sh may file an amended complaint. Mr. Ash is also directed to file a copy of his inmate trust account statement. Mr. Ash has filed a motion to proceed in forma pauperis. The Court previously instructed him to submit a copy of the transactions associa ted with his inmate trust account for the six months preceding this action. (Dkt. 8 ). Mr. Ash has filed a document that purports to provide this information, but the document is blank. (Dkt. [9-1]). Mr. Ash has through June 25, 2021, to submit his trust account information. The failure to meet this deadline will result in the dismissal of the action without further warning or ability to show cause. The clerk is directed to send Mr. Ash a copy of the Court's pro se complaint form. Copy sent pursuant to distribution list. (See Order). Signed by Judge Tanya Walton Pratt on 6/4/2021. (Attachments: # 1 Pro Se Complaint Form)(AKH)

COMPLAINT FORM

(for filers who are prisoners without lawyers)
IN THE UNITED STATES DISTRICT COURT
FOR THE _________________ DISTRICT OF ______________________

(Full name of plaintiff(s))

vs

Case Number:

(Full name of defendant(s))

A.

(to be supplied by clerk of court)

PARTIES
1.

Plaintiff is a citizen of

, and is located at
(State)

____________________________________________________________________
(Address of prison or jail)
(If more than one plaintiff is filing, use another piece of paper).
2.

Defendant

__________________________________
(Name)

Complaint - 1

is (if a person or private corporation) a citizen of __________________________________
(State, if known)
and (if a person) resides at
__________
(Address, if known)
and (if the defendant harmed you while doing the defendant’s job)
worked for ___________________________________________________________________
(Employer’s name and address, if known)
(If you need to list more defendants, use another piece of paper.)
B.

STATEMENT OF CLAIM
On the space provided on the following pages, tell:
1.
Who violated your rights;
2.
What each defendant did;
3.
When they did it;
4.
Where it happened; and
5.
Why they did it, if you know.

Complaint - 2

Complaint - 3

C.

JURISDICTION

I am suing for a violation of federal law under 28 U.S.C. § 1331.
OR
I am suing under state law. The state citizenship of the plaintiff(s) is (are)
different from the state citizenship of every defendant, and the amount of
money at stake in this case (not counting interest and costs) is
$
_________.
D.

RELIEF WANTED
Describe what you want the court to do if you win your lawsuit. Examples may
include an award of money or an order telling defendants to do something or
stop doing something.

Complaint - 4

E.

JURY DEMAND

Jury Demand - I want a jury to hear my case
OR
Court Trial – I want a judge to hear my case

Dated this

day of

20_____.

Respectfully Submitted,

Signature of Plaintiff

Plaintiff’s Prisoner ID Number

(Mailing Address of Plaintiff)
(If more than one plaintiff, use another piece of paper).
REQUEST TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING THE
FILING FEE
I DO request that I be allowed to file this complaint without paying the filing
fee. I have completed a request to proceed in the district court without
prepaying the fee and attached it to the complaint.
I DO NOT request that I be allowed to file this complaint without prepaying the
filing fee under 28 U.S.C. § 1915, and I have included the full filing fee with this
complaint.

Complaint - 5