Curry v. Stump et al
Plaintiff: Donte Curry
Defendant: Penny Lake, Alan D Cook, Scott Sanderson, Braden M Burns, Douglas Caballero, John Doe, J Adams, Gary M Apps, Michael A Stump, David Gladieux and J Elliott
Not Classified By Court: PUTNAMVILLE E-FILE (Court Use Only)
Case Number: 1:2021cv00077
Filed: February 23, 2021
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. § 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 30, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 8, 2021 Opinion or Order Filing 15 ORDER: Plaintiff's motion to Submit Exhibits #14 is DENIED. Signed by Magistrate Judge Susan L Collins on 04/08/2021. (edb)
April 6, 2021 Opinion or Order Filing 14 MOTION to Submit Exhibits by Plaintiff Donte Curry. (Attachments: #1 Exhibits)(nae)
April 6, 2021 Opinion or Order Filing 13 RECEIPT of consent to E-file (previousy received) from Donte Curry. (nae)
March 8, 2021 Opinion or Order Filing 12 WAIVER OF SERVICE Returned Executed by Michael A Stump, Gary M Apps. Michael A Stump waiver sent on 3/3/2021, answer due 5/3/2021; Gary M Apps waiver sent on 3/3/2021, answer due 5/3/2021. (Feighner, J)
March 8, 2021 Opinion or Order Filing 11 NOTICE of Appearance by J Spencer Feighner on behalf of Gary M Apps, Michael A Stump (Feighner, J)
March 4, 2021 Opinion or Order Filing 10 ORDER DENYING without prejudice #4 Motion for Appointment of Counsel by Plaintiff Donte Curry. DIRECTING the Clerk to send the plaintiff five copies of the screening order #8 . Signed by Magistrate Judge Susan L Collins on 3/4/2021. (Attachments: #1 Screening Order x 5) (Copies of screening order x 5 sent electronically as directed in Order)(mrm)
March 3, 2021 Opinion or Order Filing 9 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Officer Michael A. Stump and Officer Gary M. Apps. Waiver of Service due by 4/2/2021. (Attachments: #1 Order, #2 Complaint) (Copy mailed to Defendants Stump and Apps) (bas) Modified on 3/3/2021 (bas).
March 3, 2021 Opinion or Order Filing 8 OPINION AND ORDER: The court GRANTS the plaintiff leave to proceed against Officer Michael A. Stump and Officer Gary M. Apps in their personal capacity for money damages for using excessive force against him on or about 9/18/2019 in violation of the Fourteenth Amendment; DISMISSES all other claims; DISMISSES David Gladieux, Braden M. Burns, Scott Sanderson, John Doe, Penny Lake, J. Adams, J. Elliott, Alan D. Cook, and Douglas Caballero as defendants; DIRECTS the clerk to request a Waiver of Service from (and if necessary, the United States Marshals Service to serve process on) Officer Michael A. Stump and Officer Gary M. Apps and to send them a copy of this order and the complaint #2 pursuant to 28 U.S.C. 1915(d); ORDERS the Allen County Sheriff's Office 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, to the extent this information is available; and ORDERS Officer Michael A. Stump and Officer Gary M. Apps 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 3/3/2021. (bas)
February 25, 2021 Opinion or Order Filing 7 ORDER GRANTING #3 Motion for Leave to Proceed in forma pauperis; ORDERING the plaintiff, Donte Curry, IDOC # 953666, to immediately pay (and the facility having custody to automatically remit) $13.40 to the clerk in payment of the initial partial filing fee; ORDERING the 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; DIRECTING the clerk to create a ledger for receipt of these funds; and DIRECTING the clerk 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 2/25/2021. (Copy mailed to Inmate Trust Fund Dept)(lhc)
February 24, 2021 Opinion or Order Filing 6 ORDER: 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 reassign this matter to Judge Damon R. Leichty for all further proceedings. Signed by Judge Holly A Brady on 2/24/2021. (bas)
February 23, 2021 Opinion or Order Filing 5 MOTION for Permanent Injunction, MOTION for Preliminary Injunction by Plaintiff Donte Curry. (nae)
February 23, 2021 Opinion or Order Filing 4 MOTION for Appointment of Counsel by Plaintiff Donte Curry. (Attachments: #1 Exhibits)(nae)
February 23, 2021 Opinion or Order Filing 3 MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Donte Curry. (nae)
February 23, 2021 Opinion or Order Filing 2 PRO SE COMPLAINT requesting PRELIMINARY and PERMANENT INJUNCTION with Jury Demand against J Adams, Gary M Apps, Braden M Burns, Douglas Caballero, Alan D Cook, John Doe, J Elliott, David Gladieux, Penny Lake, Scott Sanderson, Michael A Stump, filed by Donte Curry. (Attachments: #1 Exhibits, #2 Letter to Clerk)(nae)
February 23, 2021 Opinion or Order Filing 1 Consent to Receipt of Documents Through Prisoner Electronic Filing Program by Donte Curry. Pursuant to General Order 2018-1, documents submitted to the court for filing will generate a Notice of Electronic Filing that will constitute official service upon registered users of CM/ECF. If any parties to the case are not registered CM/ECF users, the Clerk of the Court will mail the document via U.S. Postal Service on behalf of the inmate. NOTE: The E-Filing Program does not affect the obligation of other parties to serve copies of documents in accordance with the Federal Rules of Civil Procedure. (nae)

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Defendant: Penny Lake
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Defendant: Alan D Cook
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Defendant: Scott Sanderson
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Defendant: Braden M Burns
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Defendant: Douglas Caballero
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Defendant: John Doe
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Defendant: J Adams
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Defendant: Gary M Apps
Represented By: J Spencer Feighner
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Defendant: Michael A Stump
Represented By: J Spencer Feighner
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Defendant: David Gladieux
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Defendant: J Elliott
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Plaintiff: Donte Curry
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Not classified by court: PUTNAMVILLE E-FILE (Court Use Only)
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