Nelson v. Allen County Sheriffs Department et al
Plaintiff: Wesley L Nelson
Defendant: Moore, Allen County Sheriffs Department and M Fairfield
Case Number: 1:2020cv00304
Filed: August 26, 2020
Court: US District Court for the Northern District of Indiana
Presiding Judge: Susan L Collins
Referring Judge: Damon R Leichty
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 28, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 23, 2020 Filing 14 NOTICE of Change of Address (pursuant to DE #13 by Wesley L Nelson from Northwest Ohio Corrections Center, 03151 County Road 2425, Stryker, OH 43557-9418 to Manchester FCI, PO Box 4000, Manchester, KY 40962 (mrm)
October 23, 2020 Filing 13 Letter from Wesley Nelson regarding new address. (mrm)
September 30, 2020 Filing 12 WAIVER OF SERVICE Returned Executed by Moore, M Fairfield. Moore waiver sent on 9/15/2020, answer due 11/16/2020; M Fairfield waiver sent on 9/15/2020, answer due 11/16/2020. (Feighner, J)
September 30, 2020 Filing 11 NOTICE of Appearance by J Spencer Feighner on behalf of M Fairfield, Moore (Feighner, J)
September 15, 2020 Filing 10 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to M. Fairfield and Moore. Waiver of Service due by 10/15/2020. (Attachments: #1 Order, #2 Complaint) (bas)
September 15, 2020 Opinion or Order Filing 9 OPINION AND ORDER: The court GRANTS Wesley L. Nelson leave to proceed against Officers M. Fairfield and Moore in their individual capacities for striking him in the head and neck while he lay face down on the floor of W-Block between 4:30 pm and 6:30 pm on July 10, 2020, in violation of the Eighth Amendment; DISMISSES all other claims; DISMISSES Allen County Sheriff's Department; DIRECTS the clerk to request Waiver of Service from (and if necessary the United States Marshals Service to serve process on) M. Fairfield and Moore at the Allen County Sheriff Department with a copy of this order and the complaint #6 , pursuant to 28 U.S.C. 1915(d); ORDERS the Allen County Sheriff Department to provide the United States Marshal Service with the full name, date of birth, social security number, last employment date, work location, and last known home address of any defendant who does not waive service if it has such information; and ORDERS, pursuant to 42 U.S.C. 1997e(g)(2), M. Fairfield and Moore to respond, as provided for in the Federal Rules of Civil Procedure and N.D. Ind. L.R. 10-1(b), only to the claims for which the plaintiff has been granted leave to proceed in this screening order. Signed by Judge Damon R Leichty on 9/15/2020. (Copy mailed to pro se party)(bas) (Additional attachment(s) added on 9/15/2020: #1 Corrected Main Document) (bas).
September 15, 2020 Opinion or Order Filing 8 ORDER GRANTING #7 MOTION for Leave to Proceed in forma pauperis; WAIVING the initial partial filing fee; ORDERING Plaintiff to pay to the clerk 20% of the money received for each calendar month during which $10.00 or more is received, until the $350.00 filing fee is paid in full; and DIRECTING the clerk to create a ledger for receipt of these funds and to send a copy of this order to each facility where the plaintiff is housed until the filing fee has been paid in full. Signed by Judge Damon R Leichty on 9/15/2020. (Copy mailed to pro se party and as directed in Order)(bas)
September 14, 2020 Filing 7 MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Wesley L Nelson. (lhc)
September 14, 2020 Filing 6 PRO SE COMPLAINT (signed) against Allen County Sheriffs Department, M Fairfield, Moore, filed by Wesley L Nelson. (lhc)
September 14, 2020 Filing 5 Letter from Wesley Nelson requesting a Prisoner Complaint and IFP form. (Sent) (lhc)
September 8, 2020 Opinion or Order Filing 4 ORDER denying #3 Motion for Transport. Signed by Magistrate Judge Susan L Collins on 9/8/20. (Copy mailed to pro se party). (nal)
September 4, 2020 Filing 3 Pro-Se MOTION for Transport by Plaintiff Wesley L Nelson. (jld)
August 31, 2020 Opinion or Order Filing 2 ORDER: Wesley L. Nelson is GRANTED until 10/1/2020, to respond to this order and CAUTIONED if he does not respond by the deadline, this case may be dismissed without further notice. Signed by Magistrate Judge Susan L Collins on 8/31/2020. (Copy mailed to pro se party)(bas)
August 26, 2020 Filing 1 PRO SE COMPLAINT against Allen County Sheriffs Department, M Fairfield, Moore, filed by Wesley L Nelson. (Attachments: #1 Attachments) (No filing fee or IFP submitted) (lhc) Modified on 8/27/2020 (Copy of complaint with case number sent to Nelson)(nae).

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Defendant: Moore
Represented By: J Spencer Feighner
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Defendant: Allen County Sheriffs Department
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Defendant: M Fairfield
Represented By: J Spencer Feighner
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Plaintiff: Wesley L Nelson
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