Gary v. Allen - Prisoner Complaint Dismissed for Failure to State Claim

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April 20, 2026 Get Citation Alerts Download PDF Add Note

Loren D. Gary Esq. v. Trent Allen, Charley Fox, Andy Cole, Llyod Arnold, Ernest Capt'n, Jackson Capt'n, Hoak Sgt., Saxon Sgt.

District Court, S.D. Indiana

• Citations: None known
• Docket Number: 1:25-cv-01555

• Precedential Status: Unknown Status

• Opinion

• Authorities (3)

• Cited By (0)

• Summaries (0)

• Similar Cases (0)

• PDF

Trial Court Document

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

LOREN D. GARY Esq., )
)
Plaintiff, )
)
v. ) No. 1:25-cv-01555-JRO-MJD
)
TRENT ALLEN, )
CHARLEY FOX, )
ANDY COLE, )
LLYOD ARNOLD, )
ERNEST Capt'n, )
JACKSON Capt'n, )
HOAK Sgt., )
SAXON Sgt., )
)
Defendants. )

ORDER DISMISSING ACTION AND DIRECTING ENTRY OF FINAL
JUDGMENT

The Court's screening order at Docket No. 12 dismissed the operative
complaint pursuant to 28 U.S.C. § 1915A. The plaintiff was given a period of
time in which to file an amended complaint that would cure the deficiencies
identified in the Court's order. Dkt. 12 at 8–9. The Court also warned the
plaintiff that "if no amended complaint is filed, this action will be dismissed
without further notice or opportunity to show cause." Id. at 9.
The plaintiff has failed to amend his complaint, and the deadline to do so
has passed. For the reasons stated in the Court's screening order, the plaintiff's
allegations are insufficient to state a claim. Id. at 3–8. Therefore, this action is
dismissed for failure to state a claim upon which relief can be granted. 28
U.S.C. § 1915A; see also Childress v. Walker, 787 F.3d 433, 441 (7th Cir. 2015);
Paul v. Marberry, 658 F.3d 702, 705 (7th Cir. 2011).
Also, because this case is being dismissed for failure to state a claim, the
plaintiff is warned that it may constitute a "strike" under 28 U.S.C. § 1915 (g),
which limits a prisoner's ability to proceed in forma pauperis after having three
cases or appeals dismissed as frivolous, malicious, or for failure to state a claim
upon which relief may be granted. See Hill v. Madison Cty., Ill, 983 F.3d 904,
906 (7th Cir. 2020) ("It makes good sense for a judge who believes a dismissal to
come within the scope of § 1915(g) to include notice to that effect," even though
later courts must make the conclusive determination of whether each prior
dismissal meets the statutory definition).
In addition, the Court informs the plaintiff that he has now accumulated
at least three possible "strikes" for purposes of proceeding in forma pauperis in
future cases. See Gary v. Thompson, No. 1:25-cv-01274-TWP-MG, dkt. 8
(dismissing action for failure to state a claim); Gary v. O'Brien, No. 1:25-cv-
01416-SEB-CSW, dkt. 8 (same); Gary v. O'Brien, No. 1:25-cv-01519-SEB-CSW,
dkt. 8 (same).
Final judgment shall now issue by separate entry.
SO ORDERED.
Date: 4/20/2026
stin R. Olson
United States District Judge
Southern District of Indiana

Distribution:

LOREN D. GARY
251375
PENDLETON - CF
PENDLETON CORRECTIONAL FACILITY
Inmate Mail/Parcels
4490 West Reformatory Road
PENDLETON, IN 46064