Johnson v. Adams et al
| Cornelius Johnson |
| Justin M Gore, Kyle G Schram, Joshua P Adams, City of Fort Wayne, Mark V Kauffman, Allen Co. Jail, Internal Affairs, Sheriff's Department, Mark J Vachon, Chad A Ray, D Gladieux, Steven Morrison, Cpt. Butler and Butler |
| 1:2020cv00383 |
| November 2, 2020 |
| US District Court for the Northern District of Indiana |
| Holly A Brady |
| Susan L Collins |
| Damon R Leichty |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on December 7, 2020. A more recent docket listing may be available from PACER.
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Filing 13
ORDER: The Court DENIES the motion to reconsider #10 and DENIES the motion to proceed in forma pauperis #8 as unnecessary. SO ORDERED. Signed by Judge Damon R Leichty on 12/7/2020. (rmf) (copy mailed to pro se party) Modified on 12/7/2020 to add routing information (rmf).
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| Waiver of Service Deadlines terminated. (mlc) |
| Filing 12 WAIVER OF SERVICE Returned Executed by Chad A Ray, Mark V Kauffman, Kyle G Schram, Joshua P Adams, Mark J Vachon, Justin M Gore, Steven Morrison. Chad A Ray waiver sent on 11/9/2020, answer due 1/8/2021; Mark V Kauffman waiver sent on 11/9/2020, answer due 1/8/2021; Kyle G Schram waiver sent on 11/9/2020, answer due 1/8/2021; Joshua P Adams waiver sent on 11/9/2020, answer due 1/8/2021; Mark J Vachon waiver sent on 11/9/2020, answer due 1/8/2021; Justin M Gore waiver sent on 11/9/2020, answer due 1/8/2021; Steven Morrison waiver sent on 11/9/2020, answer due 1/8/2021. (Feighner, J) |
| Filing 11 NOTICE of Appearance by J Spencer Feighner on behalf of Joshua P Adams, Justin M Gore, Mark V Kauffman, Steven Morrison, Chad A Ray, Kyle G Schram, Mark J Vachon (Feighner, J) |
| Filing 10 MOTION to Reconsider #6 Opinion and Order, by Plaintiff Cornelius Johnson. (Attachments: #1 Letter, #2 Envelope)(kms) |
| Filing 9 Letter from Cornelius Johnson regarding case. (Copy of docket sheet sent to pro se party) (mrm) |
| Filing 8 MOTION for Leave to Proceed in forma pauperis (duplicate) (Prisoner Trust Account Ledger attached) by Plaintiff Cornelius Johnson. (mrm) |
| Filing 7 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Officer Kyle Schram, Officer Steven Morrison, Officer Joshua Adams, Officer Mark Kauffman, Officer Mark Vachon, Lieutenant Chad Ray and Officer Justin Gore. Waiver of Service due by 12/9/2020. (Attachments: #1 Complaint, #2 Opinion and Order) (shk) |
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Filing 6
OPINION AND ORDER: The Court(1) GRANTS the plaintiff leave to proceed against Officer Kyle Schram, Officer Steven Morrison, and Officer Joshua Adams in their personal capacity for money damages for using excessive force against him on 9/1/2020, in violation of the Fourteenth Amendment; (2) GRANTS the plaintiff leave to proceed against Officer Mark Kauffman, Officer Mark Vachon, Lieutenant Chad Ray, and Officer Justin Gore for failing to intervene in the use of excessive force by Officers Schram, Morrison, and Adams on 9/1/2020, in violation of the Fourteenth Amendment; (3) DISMISSES all other claims; (4) DISMISSES Captain Butler, Sheriff D. Gladieux, the Allen County Sheriffs Department, the City of Fort Wayne, Internal Affairs, and the Allen County Jail as defendants; (5) DIRECTS the clerk to request a Waiver of Service from (and if necessary, the USMS to serve process on) Officer Kyle Schram, Officer Steven Morrison, Officer Joshua Adams, Officer Mark Kauffman, Officer Mark Vachon, Lieutenant Chad Ray, and Officer Justin Gore, and to send them a copy of this order and the complaint #1 ; (6) ORDERS the Allen County Sheriffs Office to provide the USMS 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, to the extent this information is available; and (7) ORDERS Officer Kyle Schram, Officer Steven Morrison, Officer Joshua Adams,Officer Mark Kauffman, Officer Mark Vachon, Lieutenant Chad Ray, and Officer Justin Gore to respond 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 11/9/2020. (Copy mailed to pro se party)(shk)
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Filing 5
ORDER GRANTING #2 MOTION for Leave to Proceed in forma pauperis. WAIVING the initial partial filing fee; ORDERING Cornelius Johnson, IDOC # 914424, Allen County Jail # 205085 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 11/6/2020. (Copy mailed to pro se party and Allen County Jail as directed in Order)(mrm)
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Filing 4
ORDER OF RECUSAL Pursuant to 28 U.S.C. 455, the undersigned recuses herself from this case. Pursuant to 28 U.S.C. 137 and Local Rule 40-1(f)(2)(A), the Clerk of this Court is hereby directed to re- assign this matter to Judge Damon R. Leichty for all further proceedings. Signed by Judge Holly A Brady on 11/4/2020. (Copy mailed to pro se party)(mrm)
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| Filing 3 MOTION for Assistance with recruiting Counsel by Plaintiff Cornelius Johnson. (mrm) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Cornelius Johnson. (Attachments: #1 Ledger)(mrm) |
| Filing 1 PRO SE COMPLAINT against Joshua P Adams, Allen Co. Jail, Cpt. Butler, City of Fort Wayne, D Gladieux, Justin M Gore, Internal Affairs, Mark V Kauffman, Steven Morrison, Chad A Ray, Kyle G Schram, Sheriff's Department, Mark J Vachon, filed by Cornelius Johnson. (Attachments: #1 Exhibit, #2 Envelope)(mrm) |
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