HARLSON v. MCKALLIP
HARLSON v. MCKALLIP
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION
KENDALL HARLSON, ) ) Plaintiff, ) ) v. ) No. 1:20-cv-01599-JPH-TAB ) BRANDON MCKALLIP, ) ) Defendant. )
ORDER
I. Filing Fee
Plaintiff Kendall Harlson has filed a complaint without paying the $400 filing fee or demonstrating a lack of the financial ability to do so. Plaintiff SHALL either pay the $400 filing fee or seek leave to proceed in forma pauperis by July 15, 2020. The Clerk shall include a form motion to proceed in forma pauperis with Plaintiff's copy of this order. II. Dismissing the Complaint Plaintiff's complaint lists one defendant and alleges that this Court has jurisdiction because the case involves a "violation of federal law." Dkt. 1. But the complaint does not allege any facts or include a request for relief. See id. The complaint therefore must be dismissed. See Fed. R. Civ. P. 8(a). Plaintiff SHALL HAVE through July 15, 2020 to file an amended complaint. An amended complaint should explain the basis for this Court’s jurisdiction; specify the defendants against whom claims are raised; explain what those defendants did, and when; and specify what Plaintiff is seeking. See Fed. R. Civ. P. 8(a); 12(b). Furthermore, 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). If Plaintiff does not file an amended complaint, the Court will dismiss this case without prejudice without further notice. The Clerk shall include a civil complaint form with Plaintiffs copy of this order. SO ORDERED. Date: 6/12/2020 SJamu Patrick hawlove James Patrick Hanlon United States District Judge eq gs Southern District of Indiana Distribution: KENDALL HARLSON 1734 East 73rd Street Indianapolis, IN 46240
Reference
- Status
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