SALTER v. GTL GLOBAL TEL LINK

Filing 4

ORDER DIRECTING PAYMENT OF FILING FEE, DISMISSING COMPLAINT, AND PROVIDING OPPORTUNITY TO AMEND - The plaintiff shall have through October 6, 2020, in which to either pay the $400.00 filing fee for this action or demonstrate that he lacks the financial ability to do so. All claims against GTL are dismissed for failure to state a claim upon which relief may be granted. The plaintiff shall have through October 6, 2020, to file an amended complaint that resolves the deficiencies discussed. The clerk is directed to include a complaint form and a form motion for leave to proceed in forma pauperis with the plaintiff's copy of this Order. The clerk is also directed to restrict access to the complaint to case participants, as it includes the Mr. Salter's social security number. See Order. Copy to Plaintiff via US Mail. Signed by Judge James Patrick Hanlon on 9/14/2020. (Attachments: #1 Complaint Form, #2 IFP Form)(KAA)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
TERRE HAUTE DIVISION
TRACEY LAMOUAR SALTER, II,

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Plaintiff,
v.
GTL GLOBAL TEL LINK,
Defendant.

No. 2:20-cv-00454-JPH-MJD

ORDER DIRECTING PAYMENT OF FILING FEE,
DISMISSING COMPLAINT, AND PROVIDING OPPORTUNITY TO AMEND
I.
FILING FEE
The plaintiff shall have through October 6, 2020, 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 September 2, 2020.
II.
SCREENING STANDARD
Mr. Salter is a prisoner currently incarcerated at Wabash Valley Correctional Facility.
Because he is a "prisoner" as defined by 28 U.S.C. § 1915A(c), this Court has an obligation under
28 U.S.C. § 1915A(a) to screen his complaint before service on the defendants. Pursuant to
28 U.S.C. § 1915A(b), the Court must dismiss the complaint if it is frivolous or malicious, fails to
state a claim for relief, or seeks monetary relief against a defendant who is immune from such
relief. In determining whether the complaint states a claim, the Court applies the same standard as

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when addressing a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). See
Lagerstrom v. Kingston, 463 F.3d 621, 624 (7th Cir. 2006). To survive dismissal,
[the] complaint must contain sufficient factual matter, accepted as true, to state a
claim for relief that is plausible on its face. A claim has facial plausibility when
the plaintiff pleads factual content that allows the court to draw the reasonable
inference that the defendant is liable for the misconduct alleged.
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Pro se complaints such as that filed by the plaintiff
are construed liberally and held to a less stringent standard than formal pleadings drafted by
lawyers. Perez v. Fenoglio, 792 F.3d 768, 776 (7th Cir. 2015).
III.
DISCUSSION
The complaint names GTL Global Tel Link ("GTL") as the sole defendant. Mr. Salter is
suing GTL "for whatever they have done that's not right, or for what they do that's not right." Based
on the screening standard set forth above, all claims against GTL are dismissed for failure to
state a claim upon which relief may be granted.
The plaintiff shall have through October 6, 2020, to file an amended complaint that
resolves the deficiencies discussed above. See Luevano v. Wal-Mart Stores, Inc., 722 F.3d 1014,
1022 (7th Cir. 2013) ("Without at least an opportunity to amend or to respond to an order to show
cause, an IFP applicant's case could be tossed out of court without giving the applicant any timely
notice or opportunity to be heard to clarify, contest, or simply request leave to amend."). The clerk
is directed to include a complaint form and a form motion for leave to proceed in forma pauperis
with the plaintiff's copy of this Order. The clerk is also directed to restrict access to the complaint
to case participants, as it includes the Mr. Salter's social security number.

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If Mr. Salter chooses to file an amended complaint, he must use the form provided by the
Court, and he must include the appropriate case number, 2:20-cv-00454-JPH-MJD. The amended
complaint will completely replace the original complaint, so it must include all defendants, claims,
and factual allegations that Mr. Salter wishes to pursue in this action. He shall not include his
social security number in the amended complaint.
If the plaintiff fails to comply with these orders in the time provided, the Court will dismiss
this action without further warning or opportunity to show cause and enter final judgment.
SO ORDERED.
Date: 9/14/2020

Distribution:
TRACEY LAMOUAR SALTER, II
208025
WABASH VALLEY - CF
WABASH VALLEY CORRECTIONAL FACILITY - Inmate Mail/Parcels
6908 S. Old US Hwy 41
P.O. Box 1111
CARLISLE, IN 47838

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