PERRY v. INDIANA DEPARTMENT OF CORRECTIONS et al
| DAVID LEE PERRY |
| PENDLETON CORRECTIONAL FACILITY, JONATHAN REED, Individually and in his Official Capacity, MATTHEW FRANKLIN, Individually and in his Official Capacity, DUSHAN ZATECKY, Individually and as Warden of Pendleton Correctional Facility, ZACHARY GRAHAM, Individually and in his Official Capacity, INDIANA DEPARTMENT OF CORRECTIONS, DUSHAN ZATECKY, JONATHAN REED, MATTHEW FRANKLIN and ZACHARY GRAHAM |
| 1:2019cv00253 |
| January 25, 2019 |
| US District Court for the Southern District of Indiana |
| Matthew P Brookman |
| James R Sweeney |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 25, 2019. A more recent docket listing may be available from PACER.
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Filing 25
ORDER granting #24 Motion to Withdraw Attorney Appearance. Attorney Sierra A. Murray withdrawn. Signed by Magistrate Judge Matthew P. Brookman on 3/25/2019. (JRB)
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| Filing 24 MOTION to Withdraw Attorney Appearance of Sierra A. Murray, filed by Defendant DUSHAN ZATECKY. (Attachments: #1 Text of Proposed Order)(Murray, Sierra) |
| Filing 23 BRIEF/MEMORANDUM in Support re #22 MOTION to Dismiss Defendant Zatecky , filed by Defendant DUSHAN ZATECKY. (Jones, Benjamin) |
| Filing 22 MOTION to Dismiss Defendant Zatecky, filed by Defendant DUSHAN ZATECKY. (Jones, Benjamin) |
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Filing 21
ORDER SETTING INITIAL PRE-TRIAL CONFERENCE - Initial Telephonic Pretrial Conference set for 4/23/2019 at 12:00 AM (Eastern Time) before Magistrate Judge Matthew P. Brookman. The information needed to participate in this telephonic conference will be provided by a separate notification. No fewer than seven (7) days before the IPTC, counsel must file a Proposed CMP. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 3/22/2019.(JRB)
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| Filing 20 RETURN of Personal Service, filed by DAVID LEE PERRY. MATTHEW FRANKLIN served on 3/20/2019. (Attachments: #1 Exhibit Proof of Service)(Abernathy, Jon) |
| Filing 19 Entry Directing Further Proceedings - The clerk is directed to terminate the Indiana Department of Correction as a defendant on the docket for the reasons set forth in the Entry of February 1, 2019. See dkt. #6 at p 3. The clerk is directed to sign, seal, and issue the proposed summons, dkt #17 , to the plaintiff for service on defendant Matthew Franklin consistent with Rule 4(c) of the Federal Rules of Civil Procedure. Signed by Judge James R. Sweeney II on 3/13/2019. (JDC) |
| Filing 18 Summons (Alias - Amended) as to MATTHEW FRANKLIN. (JDC) |
| Filing 17 Proposed Summons submitted for issuance by the clerk as to MATTHEW FRANKLIN. (Abernathy, Jon) |
| Filing 16 ANSWER to #1 Complaint , First CROSSCLAIM against INDIANA DEPARTMENT OF CORRECTIONS, filed by JONATHAN REED. (Attachments: #1 Exhibit Exhibit-1 Letter from Attorney General)(Stotts, Emilee) |
| Filing 15 Notice of Parties First Extension of Time, filed by Defendant JONATHAN REED. (Beeman, Thomas) Modified on 3/1/2019 (JDC). |
| Filing 14 NOTICE of Appearance by Emilee L. Stotts on behalf of Defendant JONATHAN REED. (Stotts, Emilee) |
| Filing 13 NOTICE of Appearance by Thomas Maurice Beeman on behalf of Defendant JONATHAN REED. (Beeman, Thomas) |
| Filing 12 NOTICE of Parties' First Extension of Time, filed by Defendant DUSHAN ZATECKY. (Jones, Benjamin) |
| Filing 11 NOTICE of Appearance by Sierra A. Murray on behalf of Defendant DUSHAN ZATECKY. (Murray, Sierra) |
| Filing 10 NOTICE of Appearance by Kelly Cochran on behalf of Defendant DUSHAN ZATECKY. (Cochran, Kelly) |
| Filing 9 NOTICE of Appearance by Benjamin Myron Lane Jones on behalf of Defendant DUSHAN ZATECKY. (Jones, Benjamin) |
| Filing 8 RETURN of Service, filed by DAVID LEE PERRY. JONATHAN REED served on 2/4/2019. (Attachments: #1 Exhibit Domestic Return Receipt)(Abernathy, Jon) |
| Filing 7 RETURN of Service, filed by DAVID LEE PERRY. ZACHARY GRAHAM served on 2/1/2019. (Attachments: #1 Exhibit Domestic Return Receipt)(Abernathy, Jon) |
| Filing 6 ENTRY Discussing Complaint and Directing Further Proceedings. The plaintiff's claim that defendants Franklin, Graham, and Reed savagely beat him shall proceed as a claim that these defendants subjected him to excessive force in violation of his Eighth Amendment rights. His state law claims based on these allegations shall also proceed. The clerk is directed to terminate Pendleton Correctional Facility as a defendant on the docket. Nothing in this Entry prohibits the plaintiff from filing an amended complaint or the defendants from filing a motion to dismiss. Signed by Judge James R. Sweeney II on 2/1/2019.(MAC) |
| Filing 5 PROCEDURES AND PRACTICES before Judge James R. Sweeney II. (JDC) |
| Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (HET) |
| Filing 3 Summons Issued as to MATTHEW FRANKLIN, ZACHARY GRAHAM, INDIANA DEPARTMENT OF CORRECTIONS, PENDLETON CORRECTIONAL FACILITY, JONATHAN REED, DUSHAN ZATECKY. (HET) |
| Filing 2 NOTICE of Appearance by Jon C. Abernathy on behalf of Plaintiff DAVID LEE PERRY. (Abernathy, Jon) |
| Filing 1 COMPLAINT against MATTHEW FRANKLIN, Individually and in his Official Capacity, ZACHARY GRAHAM, Individually and in his Official Capacity, INDIANA DEPARTMENT OF CORRECTIONS, PENDLETON CORRECTIONAL FACILITY, JONATHAN REED, Individually and in his Official Capacity, DUSHAN ZATECKY, Individually and as Warden of Pendleton Correctional Facility, filed by DAVID LEE PERRY. (Filing fee $400, receipt number 0756-5253263) (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Abernathy, Jon) |
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