Day v. Minnehaha County et al

Filing 79

ORDER denying 78 Motion. Mailed to Tony A. Day with Docket Sheet, Doc. 1 and Doc. 53 via USPS. Signed by U.S. District Judge Karen E. Schreier on 4/2/19. (CLR)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
TONY ANTHONY DAY,

4:14-CV-04037-KES

Plaintiff,
vs.

ORDER

MINNEHAHA COUNTY, MINNEHAHA
COUNTY JAIL, CORRECT CARE
SOLUTIONS,
Defendants.

On April 1, 2019, Plaintiff, Tony A. Day, filed a request for all documents
filed in this case. Docket 78. The court directs the clerk of court to send Day a
copy of the docket sheet, his complaint, and the final order in this case. Day
should make any additional document requests to the clerk of court. The cost
is $0.50 per page and prepayment is required.
Day also requests information about the statute of limitations and
procedure in a tort case. Id. Under Article III of the United States Constitution,
courts are prohibited from issuing advisory opinions. Pub. Water Supply Dist. v.
City of Kearney, 401 F.3d 930, 932 (8th Cir. 2005). “One kind of advisory
opinion is an opinion ‘advising what the law would be upon a hypothetical state
of facts.’ ” Id. (quoting Preiser v. Newkirk, 422 U.S. 395, 401 (1975)). Day’s

request for the statute of limitations and procedure in a tort case would require
the court to issue an advisory opinion. Thus, it is
ORDERED that Day’s request (Docket 78) is denied. The clerk of court
will send Day a copy of the Docket Sheet, Docket 1, and Docket 53.
DATED this 2nd day of April, 2019.
BY THE COURT:

/s/ Karen E. Schreier

KAREN E. SCHREIER
UNITED STATES DISTRICT JUDGE

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