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McDavid v. Baker

United States District Court, S.D. Indiana, Indianapolis Division

July 15, 2015

KENNETH MCDAVID, Plaintiff,
v.
BUTCH BAKER, HENRY COUNTY SHERIFF, et al., Defendants.

ENTRY DENYING MOTION TO PROCEED IN FORMA PAUPERIS AND DIRECTING FURTHER PROCEEDINGS

TANYA WALTON PRATT, JUDGE

I.

The plaintiff is an Indiana prisoner currently confined at the Putnamville Correctional Facility. He brings this civil rights complaint pursuant to 42 U.S.C. § 1983, against the following defendants: 1) Butch Baker, Henry County Sheriff; 2) Jail Commander Brent; and 3) other Unknown Officers.[1]

The plaintiff’s motion to proceed in forma pauperis [dkt. 2] is denied without prejudice because he failed to submit a certified copy of his trust fund account statement (or institutional equivalent) for the 6-month period immediately preceding the filing of his complaint on July 10, 2015, as required by 28 U.S.C. § 1915(a)(2). He shall have through August 14, 2015, in which to either pay the $400.00 filing fee or renew his request for in forma pauperis status with the required information.

II.

The plaintiff alleges in his complaint that he has already brought the same claims he asserts here in the Henry County Circuit Court. The plaintiff shall have through August 14, 2015, in which to identify the parties of that action and the reason that it was dismissed, and to show cause why this action should not be dismissed as barred by the doctrine of res judicata. “Under res judicata, a final judgment on the merits bars further claims by parties or their privies based on the same cause of action.” Cannon v. Burge, 752 F.3d 1079, 1101 (7th Cir. 2014) (internal quotation omitted). If he can obtain copies of a case chronological summary from the court or a copy of the complaint in that action, he shall also submit those.

IT IS SO ORDERED.


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