DUNN v. HOUCK et al

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
CAREY T DUNN, 	:
:
Plaintiff, 	:
:
v. 	: 	Case No. 5:25-cv-329-CAR-CHW
:
K9 PATROL OFFICER KIMBERLY :
HOUCK, et al., 	:
:
Defendants. 	:
________________________________ 	:
ORDER
Pending before the Court are the claims of pro se Plaintiff Carey T. Dunn, a prisoner
currently confined in the Houston County CI in Perry, Georgia. 	For the following reasons,
Plaintiff’s motions to proceed in forma pauperis (ECF Nos. 3, 5) are GRANTED, and
Plaintiff is ORDERED to recast his Complaint on the Court’s standard form as directed
herein.
MOTIONS TO PROCEED IN FORMA PAUPERIS
In accordance with the Court’s previous orders and instructions, Plaintiff has now
submitted a motion for leave to proceed in forma pauperis that includes a certified copy of
his prison trust fund account statement (ECF No. 5). 	Plaintiff’s filings show that he cannot
now pay the filing fee. 	See, e.g., ECF No. 5-2 at 1. 	His applications to proceed in forma
pauperis (ECF Nos. 3, 5) are therefore GRANTED.
However, even if a prisoner is allowed to proceed IFP, he must nevertheless pay the
full amount of the $350.00 filing fee. 	28 U.S.C. § 1915(b)(1). 	If the prisoner has
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sufficient assets, he must pay the filing fee in a lump sum. 	If sufficient assets are not in
the account, the court must assess an initial partial filing fee based on the assets available.
Despite this requirement, a prisoner may not be prohibited from bringing a civil action
because he has no assets and no means by which to pay the initial partial filing fee. 	28
U.S.C. § 1915(b)(4). 	In the event the prisoner has no assets, payment of the partial filing
fee prior to filing will be waived.
Plaintiff’s submissions indicate that he is unable to pay the initial partial filing fee.
Accordingly, it is hereby ORDERED that his complaint be filed and that he be allowed to
proceed without paying an initial partial filing fee.
I. 	Directions to Plaintiff’s Custodian
Hereafter, Plaintiff will be required to make monthly payments of 20% of the
deposits made to his prisoner account during the preceding month toward the full filing
fee. 	The Clerk of Court is DIRECTED to send a copy of this Order to Plaintiff’s current
place of incarceration. 	It is ORDERED that the warden of the institution wherein
Plaintiff is incarcerated, or the sheriff of any county wherein he is held in custody, and any
successor custodians, shall each month cause to be remitted to the Clerk of this Court
twenty percent (20%) of the preceding month’s income credited to Plaintiff’s account at
said institution until the $350.00 filing fee has been paid in full. 	28 U.S.C. § 1915(b)(2).
In accordance with provisions of the Prison Litigation Reform Act (“PLRA”), Plaintiff’s
custodian is hereby authorized to forward payments from the prisoner’s account to the
Clerk of Court each month until the filing fee is paid in full, provided the amount in the
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account exceeds $10.00. 	It is ORDERED that collection of monthly payments from
Plaintiff’s trust fund account shall continue until the entire $350.00 has been collected,
notwithstanding the dismissal of Plaintiff’s lawsuit or the granting of judgment against him
prior to the collection of the full filing fee.
II. 	Plaintiff’s Obligations on Release from Custody
Plaintiff should keep in mind that his release from incarceration/detention does not
release him from his obligation to pay the installments incurred while he was in custody.
Plaintiff remains obligated to pay those installments justified by the income in his prisoner
trust account while he was detained. 	If Plaintiff fails to remit such payments, the Court
authorizes collection from Plaintiff of any balance due on these payments by any means
permitted by law. 	Plaintiff’s Complaint may be dismissed if he is able to make payments
but fails to do so or if he otherwise fails to comply with the provisions of the PLRA.
ORDER TO RECAST COMPLAINT
Plaintiff’s Complaint in this case arises from an incident that occurred on January
3, 2025, in Warner Robins, Georgia. 	ECF No. 1 at 4. 	On that date, Plaintiff contends he
and his wife “were falsely imprisoned by malicious arrest” for “first degree burglary [of]
an uninhabitable property, with no patio doors, a deceased owner, with no living claimant.”
ECF No. 1 at 4. 	In addition to the above-captioned action, Plaintiff filed two other § 1983
complaints arising from the same January 3, 2025 incident, Dunn v. Wilson, 5:25-cv-364-
MTT-CHW (M.D. Ga. Aug. 27, 2025) (“Dunn I”) and Dunn v. Patrick, 5:25-cv-378-TES-
CHW (M.D. Ga. Sept. 2, 2025) (“Dunn II”). 	Both of those cases have now been
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consolidated into the above captioned action and administratively closed. 	To ensure that
each of Plaintiff’s claims from the consolidated cases is preserved, however, Plaintiff is
ORDERED to recast his Complaint on the Court’s standard form within FOURTEEN
(14) DAYS of the date of this Order. 	The recast complaint must contain a caption that
clearly identifies, by name, each individual that Plaintiff has a claim against and wishes to
include as a Defendant in the present lawsuit. 	Plaintiff is to name only the individuals
associated with the claim or related claims that he is pursuing in this action. 	Plaintiff must
provide enough facts to plausibly demonstrate that each defendant’s actions or omissions
resulted in the violation of his constitutional rights.
When drafting his statement of claims on the Court’s form, it is recommended that
Plaintiff list numbered responses to the following questions (to the extent possible) along
with the name of each defendant:
(1) 	What did this defendant do (or not do) to violate your rights? 	In other words:
What was the extent of this defendant’s role in the unconstitutional conduct
other than being in a supervisory role? 	Was the defendant personally
involved in the constitutional violation? 	If not, did his actions otherwise
cause the unconstitutional action? 	How do you know?
(2) 	When and where did each action occur (to the extent memory allows)?
(3) 	How were you injured as a result of this defendant’s actions or decisions? 	If
you have been physically injured, explain the extent of your injuries and any
medical care requested or provided.
(4) 	How and when did this defendant learn of your injuries or otherwise become
aware of a substantial risk that you could suffer a serious injury?
(5) 	What did this defendant do (or not do) in response to this knowledge?
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(6) 	What relief do you seek from this defendant?
Plaintiff should state his claims as simply as possible referring only to the relevant
allegations against the named defendants in this case; he should not attach supporting
documents to his recast complaint, use legal terminology, or cite any specific statute or
case law to state a claim, although the Court will presume that Plaintiff’s claims are brought
under 42 U.S.C. § 1983 unless otherwise specified. 	See Fed. R. Civ. P. 8. 	If, in his recast
complaint, Plaintiff fails to link a named defendant to a claim, the claim will be dismissed.
Likewise, if Plaintiff makes no allegations in the body of his recast complaint against a
named defendant, that defendant will be dismissed.
Plaintiff is cautioned that the opportunity to file a recast complaint is not an
invitation for him to include every imaginable claim that he may have against any state
official. 	Plaintiff will not be permitted to join claims against multiple defendants in one
action unless Plaintiff can establish a logical relationship between the claims in accordance
with the Federal Rules of Civil Procedure. 	Plaintiff is also cautioned to fully and truthfully
respond to each question presented on the standard form including but not limited to those
questions regarding previous federal lawsuits and whether he has pursued grievances and
exhausted his administrative remedies, or he risks dismissal of this case.
The recast complaint will supersede (take the place of) the complaints filed in
this case, Dunn I, and Dunn II. 	Plaintiff may include additional pages with the
Court’s standard form, but the recast complaint must be no longer than ten (10) pages
in its entirety. 	This ten-page limitation includes (and is not in addition to) the pre-printed
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pages of the Court’s standard form. 	The Court will not consider any allegations in any
other document, or any allegations not contained within those ten pages, to determine
whether Plaintiff has stated an actionable claim. 	Accordingly, any fact Plaintiff deems
necessary to his lawsuit should be clearly stated in his recast complaint, even if Plaintiff
has previously alleged it in another filing. 	The Clerk is DIRECTED to forward a copy of
the § 1983 form, marked with the case number of the above-captioned action, to the
Plaintiff that he should use to file his recast complaint.
CONCLUSION
For the foregoing reasons, Plaintiff’s motions to proceed in forma pauperis (ECF
Nos. 3, 5) are GRANTED, and Plaintiff shall have FOURTEEN (14) DAYS from the
date shown on this Order to file his recast complaint with the Clerk of Court. 	If Plaintiff
does not timely and fully comply with this Order, this action may be dismissed.
Plaintiff is further DIRECTED to notify the Court immediately in writing of any change
in his mailing address. 	There shall be no service of process in this case until further order
of the Court.
SO ORDERED, this 16th day of December, 2025.
s/ Charles H. Weigle
Charles H. Weigle
United States Magistrate Judge
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