Pickford v. Bittorf et al, No. 3:2015cv00191 - Document 8 (N.D. Ind. 2015)

Court Description: OPINION AND ORDER: The court: DIRECTS the clerk to place this cause number on a blank prisoner Complaint 42 U.S.C. § 1983 form, and send it to Elston L. Pickford; GRANTS Elston L. Pickford to and including July 20, 2015, to file an amended compl aint; and CAUTIONS Elston L. Pickford that if he does not respond by the deadline, this case will be dismissed pursuant to 28 U.S.C. § 1915A because the current amended complaint does not state a claim for which relief can be granted. Signed by Judge Jon E DeGuilio on 6/19/2015. (Attachments: # 1 blank prisoner Complaint 42 U.S.C.§ 1983 form)(rmc)

Download PDF

Pickford v. Bittorf et al Doc. 8 Att. 1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA ) __________________________________, ) PLAINTIFF ) [Type or print your name on the line above] ) ) v. ) ) __________________________________, ) DEFENDANT ) [Type or print only the name of the first ) person you are suing. List everyone you ) are suing on page 2.] ) 3:15-cv-191 Cause No. _________________________ [Leave this blank, the clerk will supply the cause number when your case is received.] AMENDED PRISONER COMPLAINT 42 U.S.C. § 1983 I. PARTIES A. PLAINTIFF [You are the plaintiff in this lawsuit. Neatly print or type your inform ation below.] 1. ______________________________________________________ Name: First Middle Last _________________ Offender Number 2. Where are you being held: _________________________________________________ [name the prison or jail where you are incarcerated] 3. What is the address: ______________________________________________________ _______________________________________________________________________ 3a. What is the telephone number:__________________________________________ 4. Did the things that you are suing about happen in the place listed above: G YES, it happened here in the same facility I am being held at today. G NO, it happened at _______________________________________________. 5. Did the things that you are now suing about, happen: G before you were confined, or G when you were confined awaiting trial, or G after conviction while confined serving a sentence. (Revised March 2002) Dockets.Justia.com B. DEFENDANT(S) How many defendants are you suing: ________ [The defendants are the people you are suing. Print or type the defendant’s nam e, job title, the state or local governm ent agency the defendant works for, and the address of that government agency. Rem em ber to include the defendant you nam ed in the caption on page one. If you are suing m ore than one defendant, num ber them .] # Defendant’s Name Job Title/Government Agency Work Address 1. II. GRIEVANCE PROCEDURE A. Is there a prisoner grievance system that would allow you to file a grievance about the things you are suing about? G YES G NO B. If yes, did you file a grievance about the things you are suing about? G YES [Attach the response from the final step of the grievance process.] G NO [Explain why you did not file a grievance.] 2 III. CAUSE(S) OF ACTION WITH SUPPORTING FACTS W rite w hy you are suing each defendant. W rite who, what , when , where, and how you believe your rights were violated. It is VERY IM PORTANT that you use each defendant’s nam e in describing what happened to you. If you do not write what each defendant did, the court will not know why you are suing and that defendant will be dismissed. Explain what constitutional or federal law right, privilege or im m unity each defendant violated. Do not cite or quote cases or statutes. If you want to m ake legal argum ents or citations, you m ust file a separate m em orandum of law. Do not attach it to this com plaint. W rite a new paragraph for each violation. Nam e each defendant involved in that violation. Num ber your paragraphs. 1. 3 Cause(s) of Action with Supporting Facts (continued) 4 IV. PREVIOUS LAWSUITS Have you ever sued anyone for the same things you wrote about in this complaint? G NO G YES – [Print or type the following information about the case. Attach additional sheets if there is more than one prior case.] Court: _______________________________________________________________ Judge: ______________________ Docket Number: _________________________ Date filed: __________________ Date closed: _____________________________ V. RELIEF Write exactly what you want the court to do for you. This court cannot order that a defendant be fired, investigated, or criminally prosecuted. NOTE: A lawsuit filed on this form cannot restore good time, expunge your record or get you released from custody. For this type of relief, you must file a Habeas Corpus case under 28 U.S.C. § 2254. 5 VI. VERIFICATION AND SIGNATURE Initial Each Statement and Sign at the Bottom ______I have included two properly completed summons forms (available from the clerk) for each defendant I am suing, including full name, job title and work address. _____ I have included one properly completed process receipt and return form (USM-285) (available from the U.S. Marshal) for each defendant I am suing. _____ In addition to this complaint with an original signature, I have included one copy of this complaint for each defendant and one extra for the court. _____ I have included full payment of the filing fee OR attached a properly completed prisoner petition to proceed in forma pauperis (available from the clerk) with a copy of my prison trust fund account statement for the six months preceding the filing of this case. _____ I agree to promptly notify the clerk of any change of address. _____ I have read all of the statements in this complaint. [Do not forget to keep a copy for your records.] _____ I declare under penalty of perjury that the foregoing is true and correct. Signed this ________ day of _________________________, 20____. ___________________________________ Your Signature Mail all of these papers to the appropriate Clerk’s office - see next page for addresses. 6 FOR THE FORT WAYNE DIVISION: OFFICE OF THE CLERK UNITED STATES DISTRICT COURT 1108 E. ROSS ADAIR COURTHOUSE 1300 S. HARRISON STREET FORT WAYNE, IN 46802 FOR THE HAMMOND DIVISION: OFFICE OF THE CLERK UNITED STATES DISTRICT COURT 5400 FEDERAL PLAZA, SUITE 2300 HAMMOND, IN 46302 FOR THE SOUTH BEND DIVISION: OFFICE OF THE CLERK UNITED STATES DISTRICT COURT 102 ROBERT A. GRANT COURTHOUSE 204 S. MAIN STREET SOUTH BEND, IN 46601 FOR THE LAFAYETTE DIVISION: OFFICE OF THE CLERK UNITED STATES DISTRICT COURT 214 CHARLES HALLECK FEDERAL BLDG. 230 NORTH FOURTH STREET LAFAYETTE, IN 47901 7

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.