HEARD v. KANE

Filing 4

ENTRY Discussing Filing Fee and Complaint and Directing Service of Process - The plaintiff shall have through May 15, 2017, in which to either pay the $400.00 filing fee for this action or demonstrate that he lacks the financial ability to do so. Accordingly, the clerk is directed to update the docket to substitute Thomas R. Kane, Acting Director Federal Bureau of Prisons, as the sole defendant. The clerk is designated, pursuant to Fed. R. Civ. P. 4(c)(2), to issue process to Thomas R. Kane, Acting Director Federal Bureau of Prisons. The Marshal for this District or his Deputy shall serve the summons, together with a copy of the complaint (without exhibits), filed on April 4, 2017 (docket 1), and a copy of this Entry, on the defendant and on the officials designated pursuant to Fed. R. Civ. P. 4(i)(2), at the expense of the United States (SEE ENTRY). Copies distributed pursuant to distribution list. Signed by Judge William T. Lawrence on 4/17/2017.(DW)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
TERRE HAUTE DIVISION

JOHN FLUELLEN HEARD, JR.,
Plaintiff,
vs.
S. JULIAN Warden,
BUREAU OF PRISONS,
Defendants.

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No. 2:17-cv-00148-WTL-MJD

Entry Discussing Filing Fee and Complaint and Directing Service of Process
I. Background
Plaintiff John Fluellen Heard, Jr., is an inmate confined at the Federal Correctional
Institution in Terre Haute, Indiana. He brings this action pursuant to the Administrative Procedures
Act (“APA”), 5 U.S.C. §§ 702, 706. He names Warden S. Julian of the Bureau of Prisons as the
defendant.
II. Filing Fee
The plaintiff shall have through May 15, 2017, in which to either pay the $400.00 filing
fee for this action or demonstrate that he lacks the financial ability to do so. If he seeks leave to
proceed in forma pauperis, his request must be accompanied by a copy of the transactions
associated with his institution trust account for the 6-month period preceding the filing of this
action on April 3, 2017. Failure to do so may result in the dismissal of the action for failure to
prosecute.

III. Screening
The complaint is subject to the screening requirement of 28 U.S.C. § 1915A(b). This statute
directs that the court dismiss a complaint or any claim within a complaint which “(1) is frivolous,
malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief
from a defendant who is immune from such relief.” Id.
Plaintiff alleges that the Bureau of Prisons (“BOP”) has denied him placement into a
halfway house, home confinement, or RRC to which he alleges he is entitled, 18 U.S.C. § 3621(b),
and that he has been denied individual review in violation of 18 U.S.C. § 3624(c) (the “Second
Chance Act”). He seeks injunctive relief in the form of the Court ordering the BOP to evaluate his
circumstances in accordance with these statutes and applicable guidelines and that he be granted
the maximum amount of time in this type of confinement. See Richmond v. Scibana, 387 F.3d 602
(7th Cir. 2004) (“challenges to rules that affect placement in community confinement” are properly
brought under the APA after administrative remedies have been exhausted).
The Director of the BOP in his official capacity appears to be the appropriate defendant to
pursue this claim under the APA. See 18 U.S.C. § 3624(c). Accordingly, the clerk is directed to
update the docket to substitute Thomas R. Kane, Acting Director Federal Bureau of Prisons, as the
sole defendant.
The plaintiff’s APA claim against the Acting Director of the Bureau of Prisons shall
proceed as presented. This is the only viable claim identified by the Court. Any other claims
thought to be brought are dismissed. If the plaintiff believes that additional viable claims were
alleged in the complaint, but not identified by the Court he shall have through May 15, 2017, in
which to identify those claims.

IV. Service of Process
The clerk is designated, pursuant to Fed. R. Civ. P. 4(c)(2), to issue process to Thomas R.
Kane, Acting Director Federal Bureau of Prisons. The Marshal for this District or his Deputy shall
serve the summons, together with a copy of the complaint (without exhibits), filed on April 4, 2017
(docket 1), and a copy of this Entry, on the defendant and on the officials designated pursuant to
Fed. R. Civ. P. 4(i)(2), at the expense of the United States.
IT IS SO ORDERED.
Date: 4/17/17

Distribution:

_______________________________
Hon. William T. Lawrence, Judge
United States District Court
Southern District of Indiana

JOHN FLUELLEN HEARD, JR.
98677-179
TERRE HAUTE - FCI
TERRE HAUTE FEDERAL CORRECTIONAL INSTITUTION
Inmate Mail/Parcels
P.O. BOX 33
TERRE HAUTE, IN 47808
United States Marshal
46 East Ohio Street
179 U.S. Courthouse
Indianapolis, IN 46204

TO CLERK: PROCESSING THIS DOCUMENT REQUIRES ACTIONS IN ADDITION TO
DOCKETING AND DISTRIBUTION.

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