LINDSEY v. SCOTT et al

Filing 9

Entry Discussing Pending Motions - granting 5 Motion for Leave to Proceed in forma pauperis; denying 6 Motion motion for production of video footage and photographs; denying 7 Motion for Preliminary Injunction. (See Entry.) Signed by Judge Jane Magnus-Stinson on 11/7/2013. (RSF)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
TERRE HAUTE DIVISION

JOSHUA PETER LINDSEY,
Plaintiff,
vs.
BENJAMIN SCOTT,
RICHARD BROWN,
Defendants.

)
)
)
)
)
)
)
)
)

Case No. 2:13-cv-00390-JMS-WGH

Entry Discussing Pending Motions
The court, having considered the above action and the matters which are pending, makes
the following rulings:
1.

The plaintiff=s motion to proceed in forma pauperis [dkt. 5] is granted. The

assessment of even a partial filing fee is not feasible at this time.
2.

The plaintiff’s motion for production of video footage and photographs pursuant

to Rule 34 of the Federal Rules of Civil Procedure [dkt. 6] is denied because it is premature and
because routine discovery requests are exchanged between the parties, not filed with the Court.
3.

The plaintiff’s motion for preliminary injunction seeks an immediate transfer to

another prison. The Court lacks the authority to order a transfer to another prison. See Bell v.
Wolfish, 441 U.S. 520, 547-48 (1979) (prison officials are given wide-ranging deference
regarding the day-to-day operation of the prison); Williams v. Faulkner, 837 F.2d 304, 309 (7th
Cir. 1988) (Generally, “[a]bsent some statutory or regulatory provision that clearly limits prison
officials in the exercise of their discretion, a prisoner may be transferred for any reason, or for no
reason at all.”). Therefore, the plaintiff’s motion for preliminary injunction [dkt. 7] is denied.

IT IS SO ORDERED.
11/07/2013
Date: __________________

Distribution:
JOSHUA PETER LINDSEY
DOC 112177
Wabash Valley Correctional Facility
Electronic Service Participant -- Court Only

_______________________________
Hon. Jane Magnus-Stinson, Judge
United States District Court
Southern District of Indiana