Carson v. Hyatt et al
| Daveaun Carson |
| McCrey, Johnson, Hyatt and Brittany Drudge |
| MIAMI E-FILE(Court Use Only) |
| 3:2020cv00776 |
| September 15, 2020 |
| 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 August 8, 2022. A more recent docket listing may be available from PACER.
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Filing 13
OPINION AND ORDER DENYING #11 Motion to Appoint Counsel. The Clerk is DIRECTED to send Daveaun Carson ten (10) copies of the screening order #9 so he can include them with a letter to ten individual attorneys asking for representation. Signed by Magistrate Judge Michael G Gotsch, Sr on 11/4/2020. (Attachments: #1 Ten Copies Screening Order) (mrm)
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Filing 12
Initial Filing fee: $6.23, receipt number 3025759 (rmc)
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Filing 11
MOTION to Appoint Counsel by Plaintiff Daveaun Carson. (nae)
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Filing 10
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Sgt McCrey. Waiver of Service due by 11/4/2020. (Attachments: #1 Order, #2 Amended Complaint) (bas)
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Filing 9
OPINION AND ORDER: The court GRANTS Daveaun Carson leave to proceed against Sgt. McCrey in his individual capacity for compensatory and punitive damages for using excessive force in violation of the Eighth Amendment by shooting him in the left hand while he was standing still with his hands in the air as he had been ordered to do by Sgt. McCrey on April 5, 2020; DISMISSES all other claims; DISMISSES Hyatt, Johnson, and Brittany Drudge; DIRECTS the clerk to request Waiver of Service from (and if necessary the United States Marshals Service to serve process on) Sgt. McCrey at the Indiana Department of Correction, with a copy of this order and the amended complaint #8 , pursuant to 28 U.S.C. 1915(d); ORDERS the Indiana Department of Correction 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), Sgt. McCrey 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 Chief Judge Jon E DeGuilio on 10/5/2020. (bas)
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Filing 8
AMENDED COMPLAINT against Brittany Drudge, Hyatt, Johnson, McCrey, filed by Daveaun Carson. (Attachments: #1 Exhibits, #2 IFP (previously ruled on))(nae)
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***Amended Pleadings Deadline terminated. (nae)
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Filing 7
ORDER GRANTING #3 & #6 MOTION for Leave to Proceed in forma pauperis filed by, Daveaun Carson; ORDERING Plaintiff to immediately pay $6.23 to the clerk in payment of 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 Chief Judge Jon E DeGuilio on 9/21/2020. (Copy mailed as directed in Order)(mrm)
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Filing 6
MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Daveaun Carson. (kms)
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Filing 5
ORDER: The court GRANTS Daveaun Carson until 10/30/2020, to file an amended complaint containing only related claims on a Pro Se 14 (INND Rev. 2/20) Prisoner Complaint form with a copy of his inmate trust fund ledger detailing his transactions for the past six months. Signed by Chief Judge Jon E DeGuilio on 9/16/2020. (bas)
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Filing 4
Copy of docket sheet and Complaint to be distributed to Daveaun Carson #229699. (nae)
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Filing 3
MOTION for Leave to Proceed in forma pauperis by Plaintiff Daveaun Carson. (nae)
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Filing 2
PRO SE COMPLAINT against Brittany Drudge, Hyatt, Johnson, McCrey, filed by Daveaun Carson. (Attachments: #1 Exhibit)(nae)
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Filing 1
Consent to Receipt of Documents Through Prisoner Electronic Filing Program by Daveaun Carson. 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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