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16-362 - FERRELL v. PERSON


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16-362 - FERRELL v. PERSON
September 23, 2016
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dismissed for the reasons set forth above. (See Entry.) Copy to Plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 9/23/2016. (Attachments: # (1) Complaint Form) (BRR)Entry Granting Motion to Proceed In forma pauperis, Discussing Complaint, and Directing Further Proceedings - The plaintiff's motion to proceed in forma pauperis [dkt 2] is granted. He shall have through October 28, 2016, to pay an initial partial filing fee of $2.60. Failure to pay the initial partial filing fee may result in the dismissal of this action. The complaint is now subject to the screening requirement of 28 U.S.C. § 1915A (b). Based on this screening, the complaint must be dismissed. Ferrell brings his claims pursuant to 42 U.S.C. § 1983, and alleges that he has not received appropriate treatment for his serious medical needs in violation of the Eighth Amendment. But he does not allege who is directly responsible for the alleged denials of care. Without an allegation of the person or persons directly responsible for the denials, the complaint fails to state a claim upon which relief can be granted. The dismissal of the complaint will not in yet lead to the dismissal of the action. Instead, Ferrell shall have through October 28, 2016, in which to file an amended complaint. In organizing his complaint, Ferrell may benefit from utilizing the Court's complaint form. The clerk is directed to include a copy of the prisoner civil rights complaint form along with the plaintiff's copy of this Entry. If an amended complaint is filed as directed above, it will be screened. If no amended complaint is filed, this action will be
April 21, 2017
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ENTRY Granting Motion for Summary Judgment - Dr. Person's motion for summary judgment Dkt. 21 is granted. Judgment consistent with this Entry shall now issue (See Entry). Copy sent to Plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 4/21/2017.(DW)