Owen v. Eddy et al
| Donald Ray Owen, Jr |
| Ryall, Addair and Eddy |
| 3:2019cv00122 |
| February 21, 2019 |
| US District Court for the Northern District of Indiana |
| Jon E DeGuilio |
| Michael G Gotsch |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on April 11, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 9 WAIVER OF SERVICE Returned Executed by Eddy. Eddy waiver sent on 3/26/2019, answer due 5/28/2019. (DeBoni, Michael) |
| Filing 8 WAIVER OF SERVICE Returned Executed by Addair. Addair waiver sent on 3/26/2019, answer due 5/28/2019. (DeBoni, Michael) |
| Filing 7 NOTICE of Appearance by Michael F DeBoni on behalf of Addair, Eddy (DeBoni, Michael) |
| Filing 6 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Officer Eddy and Officer Addair. (Copy mailed as directed in Order) Waiver of Service due by 4/25/2019. (Attachments: #1 Complaint, #2 Order) (mlc) |
Filing 5
OPINION AND ORDER The Court GRANTS Donald Ray Owen, Jr., leave to proceed on an Eighth Amendment claim of excessive force against Officer Eddy for tasing him on January 1, 2019; GRANTS Donald Ray Owen, Jr., leave to proceed on an Eighth Amendment claim against Officer Addair for failing to intervene when Officer Eddy tased him on January 1, 2019; DISMISSES Corporal Ryall; DISMISSES all other claims; DIRECTS the clerk and the United States Marshals Service to issue and serve process on Officer Eddy and Officer Addair at the Elkhart County Corrections Center with a copy of this order and the complaint (ECF 1) as required by 28 U.S.C. 1915(d); and ORDERS, pursuant to 42 U.S.C. 1997e(g)(2), Officer Eddy and Officer Addair 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 Donald Ray Owen, Jr., has been granted leave to proceed in this screening order. Signed by Judge Jon E DeGuilio on 3/25/19. (Copy mailed to pro se party)(mlc)
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| Filing 4 Initial Partial Filing fee: $ 15.14, receipt number 3021885 (jld) |
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Filing 3
ORDER GRANTS the motion for leave to proceed in forma pauperis (ECF #2 ). ORDERS the plaintiff, Donald Ray Owen, Elkhart County Correctional # 122234, to immediately pay (and the facility having custody of him to automatically remit) $15.14 to the clerk of this court in payment of the initial partial filing fee. ORDERS the plaintiff to pay (and the facility having custody of him to automatically remit) to the clerk of this court 20% of the money he receives for each calendar month during which he receives $10.00 or more, until the $350.00 filing fee is paid in full. DIRECTS the clerk to create a ledger for receipt of these funds. DIRECTS 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 Jon E DeGuilio on 3/1/2019. (Copy mailed as directed in Order)(sct)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Plaintiff Donald Ray Owen, Jr. (nae) |
| Filing 1 PRO SE COMPLAINT with 1 copies of summons forms and 1 copies of USM-285 forms against Addair, Eddy, Ryall, filed by Donald Ray Owen, Jr. (Returned file stamped copy with case number to Owen) (Attachments: #1 USM 285 and Proposed Summons, #2 Envelope)(nae) Modified on 2/26/2019 to correct typo(sct). |
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