Day v. Minnehaha County

District Court, D. South Dakota

Day v. Minnehaha County

Trial Court Opinion

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

Reference

Status
Unknown