RIDDLE et al v. BATHOLOMEW COUNTY et al
| ANGELITO C. MERCADO and CHRISTOPHER RIDDLE |
| BARTHOLOMEW COUNTY, BOOTH, OFFICER BUTLER, CLAYBURN, CROUCH, FIPPEN, FOSTER, GREENLY, HOLDREITH, MARTOCIA, MOORE, MATT MYERS, REED, SEARLES, STILLABOWER, TOOLEY and WEAVER |
| 1:2017cv03710 |
| October 16, 2017 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Mark J. Dinsmore |
| Tanya Walton Pratt |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Filing
16
ENTRY - 15 Motion for Leave to File Amended Complaint is granted. The clerk is directed to docket the proposed complaint, dkt. [15-1], as the amended complaint in this action. The plaintiff's claim against Bartholomew County Commissioners is dismissed. The clerk is designated pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendants Sgts. Weaver and Reed, Officers Fippen, Greenly, Tooley and Searles, and Lt. Stillabower in the manner specified by Fed. R. Civ. P. 4(d). Pr ocess shall consist of the amended complaint, applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry. Signed by Judge Tanya Walton Pratt on 1/17/2018. (Copy mailed to Plaintiff, Sgt. Weaver, Sgt. Reed, Officer Fipper, Officer Greenly, Officer Tooley, Officer Searles, and Lt. Stillabower ) (MEJ)
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Filing
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Entry Screening Complaint, and Directing Further Proceedings - 9 Motion to Withdraw is granted. The clerk is directed to remove Angelito C. Mercado as a plaintiff in this action. Riddle's gender-based equal protection policy and practice cla im against Sheriff Matt Myers shall proceed. The identical claim against Bartholomew County is dismissed because the plaintiff does not allege any facts to support the conclusion that Bartholomew County participated in the Sheriff's policy decis ion. Riddle's claims against all other defendants are dismissed because he did not allege sufficient facts to support a claim that they each personally participated in the alleged discrimination. As for Riddle's second claim related to the disciplinary process, to the extent that he alleges he was denied due process in his attempts to grieve or otherwise pursue his administrative remedies, this claim is also denied. Riddle's equal protection policy and practice claim against Sheri ff Matt Myers, based upon the alleged disparity of punishment between male and female inmates in the Bartholomew County Jail shall proceed. This summary of remaining claims includes all of the viable claims identified by the Court. All other claims h ave been dismissed. If the plaintiff believes that additional claims were alleged in the complaint, but not identified by the Court he shall have through December 29, 2017, in which to identify those claims. The clerk is directed to remove all other defendants from the docket. The clerk is designated pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendants Sheriff Matt Myers and Bartholomew County in the manner specified by Fed. R. Civ. P. 4(d). Process shall consist of the complaint ( docket 1), applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry. See entry for details. Signed by Judge Tanya Walton Pratt on 11/29/2017. (Copy mailed to Christopher Riddle and Sheriff Matt Myers) (MEJ)
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Filing
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ORDER - 3 Motion for Leave to Proceed in forma pauperis is granted. Mr. Riddle is assessed an initial partial filing fee of Forty Three Dollars and Fourteen Cents ($43.14). He shall have through December 1, 2017, in which to pay this sum t o the clerk of the district court or to inform the Court of his desire to voluntarily withdraw his complaint and avoid assessment of the filing fee. Mr. Mercado shall have through December 1, 2017, in which to pay the $400.00 filing fee to the clerk of the district court or to inform the Court of his desire to voluntarily withdraw his complaint and avoid assessment of the filing fee. Signed by Judge Tanya Walton Pratt on 10/30/2017. (Copy mailed to Plaintiffs) (MEJ)
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