Shannon v. Shupperd et al
| Nikolas Shannon |
| Shupperd, Gerlach, Hindmen and WVCF (Court Use Only) |
| 3:2022cv00282 |
| April 8, 2022 |
| US District Court for the Northern District of Indiana |
| Michael G Gotsch |
| Robert L Miller |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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Filing 19
ORDER DENYING #18 Motion Requesting for Interrogatories to a Non-Party by Plaintiff Nikolas Shannon as outlined. Signed by Magistrate Judge Michael G Gotsch, Sr on 6/2/2022. (Copy mailed to pro se party)(mrm)
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| Filing 18 MOTION Requesting for Interrogatories to a Non-Party by Plaintiff Nikolas Shannon. (kms) |
| Filing 17 AMENDED COMPLAINT against Gerlach, Hindmen, and Shupperd, filed by Nikolas Shannon. (Attachments: #1 Exhibit)(sej) |
| Filing 16 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Officer Shupperd, Officer Gerlach, and Officer Hindmen. Waiver of Service due by 6/17/2022. (Attachments: #1 Opinion and Order, #2 Amended Complaint, #3 Exhibit) (sej) |
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Filing 15
OPINION AND ORDER: The court GRANTS the motion to amend the complaint #12 and DIRECTS the clerk to separately docket the proposed amended complaint [12-1]; GRANTS the plaintiff leave to proceed against Officer Shupperd in his personal capacity for money damages for using excessive force against him on 09/11/2021, by closing the cuff port on his fingers in violation of the Eighth Amendment; GRANTS the plaintiff leave to proceed against Officer Gerlach and Officer Hindmen in their personal capacity for money damages for failing to get him medical help for his injuries in violation of the Eighth Amendment; DISMISSES all other claims; DIRECTS the clerk to request a Waiver of Service from (and if necessary, the United States Marshals Service to use any lawful means to locate and serve process on) Officer Shupperd, Officer Gerlach, and Officer Hindmen (first names unknown) at the Indiana Department of Correction and to send them a copy of this order and the amended complaint 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, and last known home address of any defendant who does not waive service, to the extent this information is available; and ORDERS Officer Shupperd, Officer Gerlach, and Officer Hindmen 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 Robert L Miller, Jr on 05/18/2022. (copy mailed to pro se party) (sej)
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| Filing 14 Initial Partial Filing fee: $ 27.29, receipt number 3028940 (jld) |
| Filing 13 RECEIPT of Motion for Relief from Fee in Civil Action from Nikolas Shannon. (IFP previously granted in DE #10 ) (kms) |
| Filing 12 MOTION of Notice of Amended Changes of #2 Pro Se Complaint, by Plaintiff Nikolas Shannon. (Attachments: #1 Proposed Amended Complaint, #2 Exhibit to Proposed Amended Complaint)(kms) |
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Filing 11
ORDER: The court STRIKES the complaint #2 ; DIRECTS the clerk to place this cause number on a blank Prisoner Complaint (INND Rev. 8/16) form and send it to the plaintiff; GRANTS the plaintiff until May 11, 2022, to file a signed amended complaint as outlined in this order; and CAUTIONS him that if he does not respond by the deadline, this case is subject to dismissal without further notice for lack of prosecution. Signed by Judge Robert L Miller, Jr on 04/11/2022. (Copy mailed as directed in Order) (jdb)
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Filing 10
ORDER: The court GRANTS the plaintiff leave to proceed in forma pauperis #3 ; ORDERS the plaintiff, Nikolas Shannon, IDOC # 273386, to immediately pay (and the facility having custody to automatically remit) $27.29 to the clerk in payment of the initial partial filing fee; ORDERS the plaintiff to pay (and the facility having custody to automatically remit) 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; DIRECTS the clerk to create a ledger for receipt of these funds; and 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 Robert L Miller, Jr on 04/11/2022. (Copy mailed as directed in Order) (jdb)
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| Filing 9 New case transferred from Southern District of Indiana. IFP Motion pending. (jld) |
| Filing 8 Case transferred in from District of Indiana Southern; Case Number 2:22-cv-00139. Original file and docket sheet received. |
| Filing 7 Transfer Letter to Clerk of the Northern District of Indiana. Case transferred electronically to Northern District of Indiana, on April 7, 2022. (TPS) [Transferred from Indiana Southern on 4/8/2022.] |
| Filing 6 CLOSED TRANSFER to Northern District of Indiana - This action is now TRANSFERRED to the South Bend Division of the United States District Court for the Northern District of Indiana. Signed by Judge James R. Sweeney II on 4/7/2022.(TPS) [Transferred from Indiana Southern on 4/8/2022.] |
| Filing 5 NOTICE to Pro se Litigant - The following information is provided to pro se litigants to inform them about rules and procedures governing how they communicate with the Court. (MEH) [Transferred from Indiana Southern on 4/8/2022.] |
| Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (KAA) [Transferred from Indiana Southern on 4/8/2022.] |
| Filing 3 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff NIKOLAS SHANNON. (Attachments: #1 Exhibit)(KAA) [Transferred from Indiana Southern on 4/8/2022.] Modified on 4/8/2022 (jld). |
| Filing 2 (Unsigned) COMPLAINT against GERLACH, HINDMEN, SHUPPERD, filed by NIKOLAS SHANNON. (No fee paid with this filing) (Attachments: #1 Exhibits)(KAA) [Transferred from Indiana Southern on 4/8/2022.] Modified on 4/8/2022 (jld). |
| Filing 1 CONSENT to Prisoner E-Service by NIKOLAS SHANNON located at WVCF. Pursuant to General Order 2013-1, documents submitted by NIKOLAS SHANNON 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. (KAA) [Transferred from Indiana Southern on 4/8/2022.] |
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