HARDESTY v. LOOP et al
| ROBERT LEO HARDESTY, JR. |
| ROY WASHINGTON, FRANK LOOP, S. PENDLETON, J. WARD, KINDERMAN and UNDERWOOD |
| 1:2018cv03987 |
| December 18, 2018 |
| US District Court for the Southern District of Indiana |
| Doris L Pryor |
| James R Sweeney |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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Filing 8
ORDER - NOTICE TO PRO SE LITIGANTS : The following information is provided to pro se litigants to inform them about rules and procedures governing how they communicate with the Court. Pro se litigants should read this Notice carefully before filing anything further with the Court. All litigants are expected to comply with the Federal Rules of Civil Procedure and this Court's Local Rules. Therefore, the rules and procedures contained in this Notice are not all of the rules pro se litigants must follow. *SEE ORDER FOR ADDITIONAL INFORMATION* Signed by Judge James R. Sweeney II on 2/6/2019.(JDC)
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| Filing 7 NOTICE of Lawsuit & Waiver Issued by Clerk to 1) J. Ward, and 2) Roy Washington (LA) (JDC) |
| Filing 6 Entry Screening Complaint, Dismissing Certain Claims, Severing Certain Claims, and Directing Service of Process - All claims against Sheriff Frank Loop are dismissed because the complaint contains no allegations of wrongdoing on his part. A defendant can only be liable for the actions or omissions in which he personally participated. Consistent with the foregoing, the claims against Officer Pendleton, Sgt. Kinderman, and Officer Underwood are severed from the original complaint. Three new civil actions from the Indianapolis Division shall be opened. Claims in the newly-opened actions are distinct from those in this action and from each other. All claims against Officer Pendleton, Sgt. Kinderman, and Officer Underwood are dismissed from this action without prejudice. The clerk is directed to terminate Officer Pendleton, Sgt. Kinderman, and Officer Underwood as defendants in this action. This summary of remaining claims includes all the viable claims identified by the Court. All other claims have been dismissed. If the plaintiff believes that additional claims were alleged in the complaint, but not identified by the Court he shall have through February 27, 2019, in which to identify those claims. The clerk is directed pursuant to Fed. R. Civ. P. 4(c) to issue process to defendants Sgt. J. Ward and Roy Washington in the manner specified by Rule 4(d). Process shall consist of the complaint filed on December 18, 2018, 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 James R. Sweeney II on 2/6/2019.(JDC) |
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Filing 5
Order on In Forma Pauperis Status - The plaintiff's motion to proceed in forma pauperis, dkt. #3 , is granted. Notwithstanding the foregoing ruling, "[a]ll [28 U.S.C.] 1915 has ever done is excuse pre-payment of the docket fees; a litigant remains liable for them, and for other costs, although poverty may make collection impossible." Abdul-Wadood v. Nathan, 91 F.3d 1023, 1025 (7th Cir. 1996). The assessment of even an initial partial filing fee is waived because the plaintiff has no assets and no means by which to pay a partial filing fee. 28 U.S.C. 1915(b)(4). Accordingly, no initial partial filing fee is due at this time. Signed by Judge James R. Sweeney II on 12/26/2018. (JDC)
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| Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff, ROBERT HARDESTY. (DJH) |
| Filing 2 COMPLAINT against KINDERMAN, FRANK LOOP, S. PENDLETON, UNDERWOOD, J. WARD, ROY WASHINGTON, filed by ROBERT HARDESTY. (No fee paid with this filing) (DJH) |
| Filing 1 CONSENT to Prisoner E-Service by ROBERT HARDESTY located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by ROBERT HARDESTY 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. (DJH) |
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