HUNTER et al v. RODGERS et al
| ROBERT R. HUNTER and MICHAEL D. SCHAFER |
| STEVEN RODGERS, HOWARD COUNTY COMMISSIONS and SHERIFF DEPARTMENT |
| 1:2013cv01374 |
| August 27, 2013 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Debra McVicker Lynch |
| Jane Magnus-Stinson |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Filing
20
ENTRY Discussing Amended Complaint, Dismissing Insufficient Claims, and Directing Further Proceedings: The response to the order to show cause filed by the plaintiff on December 10, 2013 , although titled "tort claim" shall be treated as his amended complaint alleging violations of his constitutional rights. The claim against the Howard County Commission is dismissed for failure to state a claim upon which relief can be granted because the county sheriff, not the commission, bears the responsibility to take care of the county jail and the i nmates there. The complaint alleges only federal claims. Two claims shall proceed against Sheriff Steven Rodgers in his official capacity, separately and in combination. The cler k is designated pursuant to Fed. R. Civ. P. 4(c) to issue process to defendant Sheriff Steven Rodgers in the manner specified by Rule 4(d). Process shall consist of the amended complaint filed on December 10, 2013 (docket 14), the supplement thereto filed on February 19, 2014 (docket 19), applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry (see Entry for additional information). Copy to Plaintiff and Sheriff Steven Rodgers. Signed by Judge Jane Magnus-Stinson on 3/27/2014.(SWM)
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Filing
13
ENTRY Dismissing Complaint and Directing Proceedings - Any claims asserted on Mr. Schafer's behalf are dismissed without prejudice for failure to prosecute. The action shall proceed only with respect to claims brought by plaintiff Hunter. No partial final judgment shall issue at this time. The clerk shall show plaintiff Schafer terminated as a party in this action. the complaint fails to state a claim upon which relief can be granted and must therefore be dismissed. The dismissal of t he complaint will not lead to the dismissal of the action at this time. Hunter shall have through December 16, 2013, in which to file an amended complaint which corrects the deficiencies noted in Part II of this Entry. If no amended complaint is filed, the action will be dismissed in its entirety. Signed by Judge Jane Magnus-Stinson on 11/15/2013. (copy to Plaintiffs via US Mail) (JKS)
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