SHEPHERD v. COX et al
| DAVID L SHEPHERD, JR. and DAVID L. SHEPHERD, JR. |
| CORPORAL HAUSE, C.O. MOORE, SHERIFF DOUG COX, C.O. BLAKER, SERGEANT PICHETTE, JAIL COMMANDER DUANE BURGESS, MOORE, DUANE BURGESS, DOUG COX, HAUSE, PICHETTE and BLAKER |
| 1:2019cv00575 |
| February 6, 2019 |
| U.S. District Court for the Southern District of Indiana |
| Mark J Dinsmore |
| James R Sweeney |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 3, 2019. A more recent docket listing may be available from PACER.
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Filing 11
ORDER GRANTING DEFENDANTS' MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO AMENDED COMPLAINT - Defendants, having filed their Motion for Enlargement of Time to Respond to Amended Complaint. And the Court, being duly advised in the premises, now finds said Motion should be granted. IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that Defendants' Motion for Enlargement of Time to Respond to Amended Complaint, dkt. #9 , is hereby granted. Defendants are hereby granted an indefinite enlargement to respond to Amended Complaint. To the extent necessary, a specific deadline to respond to the Amended Complaint will be established by separate entry by the Court following its screening of the Amended Complaint in accordance with the directives of Prison Litigation Reform Act under 28 U.S.C. 1915 and 1915A. (Copy to Plaintiff via U.S. Mail) Signed by Judge James R. Sweeney II on 4/3/2019. (JDC)
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Filing 10
Order Screening Amended Complaint - Plaintiff David Shepherd brought this action in the Johnson Superior Court and it was removed to this Court. The complaint was previously screened and dismissed pursuant to 28 U.S.C. 1915(e) (2). Dkt. #7 . Mr. Shepherd was directed to file an amended complaint and he has done so. Dkt. #8 . The amended complaint is now subject to screening. Any claim based on the treatment Mr. Johnson received for his injuries is dismissed. Mr. Johnson has not alleged that any of the named defendants participated in his care at the Hospital. This summary of claims includes all of 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 April 30, 2019, in which to identify those claims. The defendants have already appeared. They shall have twenty-one days to answer the amended complaint as screened. (Copy to Plaintiff via U.S. Mail) Signed by Judge James R. Sweeney II on 4/1/20219.(JDC)
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| Filing 9 MOTION for Extension of Time to Respond to Amended Complaint, filed by Defendants BLAKER, DUANE BURGESS, DOUG COX, HAUSE, MOORE, PICHETTE. (Attachments: #1 Text of Proposed Order)(Layden, Daniel) |
| Filing 8 AMENDED COMPLAINT, filed by DAVID L. SHEPHERD, JR. (Attachments: #1 Envelope)(JDC) |
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Filing 7
ORDER SCREENING AND DISMISSING COMPLANT AND DIRECTING FURTHER PROCEEDINGS - The dismissal of the complaint will not lead to the dismissal of the action at present. Instead, the plaintiff shall have through March 15, 2019, in which to file an amended complaint. In organizing his complaint, the plaintiff may benefit from utilizing the Court's complaint form. The clerk is directed to include a copy of the prisoner civil rights complaint form along with the plaintiff's copy of this Entry. Because the Court has dismissed the complaint in this action, the defendants' motion for extension of time to file an answer, dkt. #5 , is denied as moot. (Copy to Plaintiff via U.S. Mail via U.S. Mail). Signed by Judge James R. Sweeney II on 2/20/2019. (Attachments: #1 complaint form) (JDC)
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| Filing 6 Submission of Johnson Superior Court record for case 41D04-1901-MI-000013, filed by Plaintiff DAVID L. SHEPHERD, JR. (Attachments: #1 Envelope)(JDH) |
| Filing 5 MOTION for Extension of Time to 03/11/2019 , filed by Defendants BLAKER, DUANE BURGESS, DOUG COX, HAUSE, MOORE, PICHETTE. (Attachments: #1 Text of Proposed Order)(Layden, Daniel) |
| Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) |
| Filing 3 NOTICE of Appearance by William W. Barrett on behalf of Defendants C.O. BLAKER, DUANE BURGESS, DOUG COX, CORPORAL HAUSE, C.O. MOORE, SERGEANT PICHETTE. (Barrett, William) |
| Filing 2 NOTICE of Appearance by Daniel Joseph Layden on behalf of Defendants C.O. BLAKER, DUANE BURGESS, DOUG COX, CORPORAL HAUSE, C.O. MOORE, SERGEANT PICHETTE. (Layden, Daniel) |
| Filing 1 NOTICE OF REMOVAL from Johnson County Superior Court No. 4, case number 41D04-1901-MI-000013, filed by C.O. MOORE, SERGEANT PICHETTE, DOUG COX, DUANE BURGESS, C.O. BLAKER, CORPORAL HAUSE. (Filing fee $400, receipt number 0756-5273156) (Attachments: #1 Exhibit State Court Record (Complaint, Motion for Fee Waiver, Order on Fee Waiver, Appearance of William W. Barrett and Daniel J. Layden), #2 Exhibit Complaint, #3 Civil Cover Sheet)(Layden, Daniel) |
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