Lufkins v. LaBelle et al, No. 1:2023cv01007 - Document 6 (D.S.D. 2024)
Court Description: MEMORANDUM OPINION AND ORDER. Signed by U.S. District Judge Charles B. Kornmann on 2/9/2024. (Mailed to Drago Lufkins)(JLS)
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Lufkins v. LaBelle et al Doc. 6 UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA NORTHERN DIVISION DRAGO LUFKINS, 1:23-CV-01007-CBK Plaintiff, MEMORANDUM OPINION vs. AND ORDER JOANN LABELLE,Nurse, Roberts County Jail, in her official capacity, JAMES FOSTER, Jail Administrator, Roberts County Jail, in his individual and official capacity, KYLAN KIRCHMEIER,! States Attorney, Roberts County, in his individual and official capacity, and KARLA JIMINEZ,in her official capacity. Defendants. Plaintiff was a state court pretrial detainee at the Roberts County, South Dakota, jail. He has filed a complaint pursuant to 42 U.S.C. ยง 1983 and a motion for leave to proceed informa pauperis without the prepayment ofthe filing fee. Plaintiff did not submit the required prisoner trust account form from the institution, which requirement was set forth in the application plaintiff signed. The Clerk of Courts sent plaintiff another copy ofthat form on June 9,2023. It was not returned by plaintiff. I take judicial notice ofthe records ofthe South Dakota Circuit courts, available in the Court's ecourts database. At the time plaintiff filed this federal action, he was facing charges of possession ofihethamphetamine, 54CRI23-000016, and kidnapping, 54CRI21-000758, both in the Fifth Judicial Circuit, Roberts County, South Dakota. The methamphetamine charge was dismissed upon motion ofthe prosecutor on June 29, 2023. ^ The Court takes judicial notice ofthe correct spelling ofthe name ofthe Roberts County States Attorney and his title. Dockets.Justia.com He was sentenced on August 14, 2023,to 12 years imprisonment in the South Dakota State Penitentiary, with six years suspended, for kidnapping. Plaintiff has failed to keep this Court apprised of his current address. Plaintiff has failed to prosecute this action. He did not return the prisoner trust account form required for this court to rule upon his application to proceed informa pauperis, despite being twice notified to do so. He did not pay the filing fee. He further failed to keep the Court apprised of his current address. Good cause appearing, IT IS ORDERED that this matter is dismissed for failure to prosecute. DATED this ^"^^ay ofFebruary, 2024. BY THE COURT: CHARLES B. KORNMANN United States District Judge
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