HOWARD v. INDIANA DEPARTMENT OF CORRECTIONS
| LANCE HOWARD |
| CRISS DONALD and INDIANA DEPARTMENT OF CORRECTIONS |
| 1:2017cv02688 |
| August 8, 2017 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Matthew P. Brookman |
| Tanya Walton Pratt |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Filing
23
Entry on Plaintiff's Motion to File an Amended Complaint, Severing Misjoined Action, Screening Amended Complaint, Directing Issuance and Service of Process, and Denying Motion to Subpoena and Motion to Appoint Counsel - The clerk is directed to modify the docket to reflect that docket entry 22 is an amended complaint. This is the operative complaint. This action will concern the first presented claim against Officer Criss Donald. The claims against RN Katherine James and LPN Loretta will be severed into a separate action. The clerk is directed to open a new action in the Indianapolis Division. Construing the complaint liberally, as the Court is required to do, it states an Eighth Amendment claim against Officer Criss Donald and sha ll proceed. The complaint mentions in a section labelled "Defendants" the Superintendent and the Reception Diagnostic Center. No allegations are made against either, and no discernable claim against either is found in the complaint. The com plaint is dismissed against the Superintendent and the Reception and Diagnostic Center. The clerk is directed to update the docket to reflect that Officer Criss Donald is the only defendant in this action. The clerk is designated pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendant Officer Criss Donald in the manner specified by Rule 4(d). Process shall consist of the amended complaint, dkt. 22 , applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and W aiver of Service of Summons), and this Entry. Plaintiff's motion to subpoena, dkt. 19 , is denied as premature. Once defendant has appeared plaintiff may serve appropriate discovery seeking relevant information. Plaintiff's motion to appoint counsel, dkt. 21 , is denied without prejudice as premature. See entry for details. Signed by Judge Tanya Walton Pratt on 9/21/2017. (Copy mailed to Plaintiff) (MEJ) Modified on 9/21/2017 to clarify (MEJ).
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Filing
14
Entry Granting In Forma Pauperis Status, Dismissing Complaint, Denying Other Pending Motions, and Directing Plaintiff to Show Cause - Plaintiff's motion for leave to proceed in forma pauperis, dkt. 9 , is granted. For the reasons stated above , the complaint is dismissed without prejudice, for failure to state a claim and Plaintiff has until September 29, 2017 to file an amended complaint or otherwise show cause why the action should not be dismissed with prejudice. Because there is no pending lawsuit before the Court, plaintiff's motion to subpoena, dkt. 8 , is denied. The motion for a preliminary injunction and a temporary restraining order, dkt. 10 , is also denied. Signed by Judge Tanya Walton Pratt on 9/1/2017. (Copy mailed to Plaintiff) (MEJ) Modified on 9/1/2017 to clarify distribution (MEJ).
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