Day v. Minnehaha County
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