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17-530 - RUNYON v. KRUEGER et al


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17-530 - RUNYON v. KRUEGER et al
January 2, 2018
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Entry Discussing Complaint, Dismissing Insufficient Claims, and Directing Further Proceedings - The plaintiff's motion to proceed in forma pauperis, Dkt. No. 6, is granted. The assessment of even a partial filing fee is not feasible at this time. Plaintiff David Runyon is an inmate at the United States Penitentiary in Terre Haute, Indiana ("USP-TH"). The complaint is now subject to the screening requirement of 28 U.S.C. ยง 1915A(b). Because the Court has been unable to identify a viable claim for relief against any particular defendant, the complaint is subject to dismissal. The dismissal of the complaint will not in this instance lead to the dismissal of the action at present. Instead, the plaintiff shall have through January 26, 2018, in which to file an amended complaint. (See Entry.) Copy to plaintiff via US Mail. Signed by Judge William T. Lawrence on 1/2/2018. (RSF)
February 2, 2018
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ENTRY Screening Amended Complaint, Dismissing Insufficient Claims, and Directing Service of Process - The claims against defendants Brazzell, Krueger, and Rupska are dismissed. Runyon's Eighth Amendment claims against Edwards and Sample may proceed. The clerk is designated to issue process to the United States. Process shall consist of a summons. The Marshal for this District or his Deputy shall serve the summons, together with a copy of the amended complaint, filed on January 30, 2018, (Dkt. No. 8), and a copy of this Entry, on the defendants and on the officials designated pursuant to Fed. R. Civ. P. 4 (i)(2), at the expense of the United States. The clerk is instructed to update the docket to show that defendants J.E. Krueger, Dr. Rupska, and CO Brazzell have been dismissed from this action (SEE ENTRY). Signed by Judge William T. Lawrence on 2/2/2018. Copies distributed pursuant to distribution list. (DW)