BOWLING v. CANTRELL et al
| DAMON BOWLING |
| ERIC CANTRELL, STEVE BILLS, FAYETTE COUNTY WORK RELEASE and MICHELLE DUDLEY |
| 1:2019cv01196 |
| March 25, 2019 |
| US District Court for the Southern District of Indiana |
| Debra McVicker Lynch |
| Jane Magnus-Stinson |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 26 MOTION for Extension of Time to File Response to #21 Entry, filed by Plaintiff DAMON BOWLING. (Attachments: #1 Envelope)(JDH) |
| Filing 25 NOTICE of Appearance by Katelyn H. Juerling on behalf of Defendants STEVE BILLS, ERIC CANTRELL, MICHELLE DUDLEY. (Juerling, Katelyn) |
| Filing 24 NOTICE of Appearance by Bruce L. Kamplain on behalf of Defendants STEVE BILLS, ERIC CANTRELL, MICHELLE DUDLEY. (Kamplain, Bruce) |
Filing 23
Order Denying Motion for Extension of Time - The plaintiff's motion for extension of time, dkt. #22 , is denied as moot. In the motion, the plaintiff appears to request additional time to pay the initial partial filing fee. Dkt. 22. However, the Court received payment of the plaintiff's initial partial filing fee on May 24, 2019. Dkt. 7 . Copy to Damon Bowling via U.S. mail. Signed by Judge Jane Magnus-Stinson on 7/8/2019. (JDH)
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| Filing 22 MOTION for Extension of Time to June 30, 2019 to file Response, filed by Plaintiff DAMON BOWLING. (Attachments: #1 Envelope)(JDH) |
| Filing 21 Entry Discussing Plaintiff's Response to Entry Screening Complaint - On June 28, 2019, the plaintiff filed a letter discussing the Court's Entry dated June 12, 2019, and asking the Court to take certain actions. Dkt. #20 . The plaintiff's requests will be addressed in turn. First, the plaintiff asks that the Court reconsider its decision to dismiss any claims against Fayette County Work Release. He alleges that Fayette County Work Release has an obligation to keep its dependents safe and provide an environment free from cruel and unusual punishment. Dkt. 20. However, as stated in the June 12, 2019, Entry, dkt. 11, to state a claim under 42 U.S.C. 1983, a plaintiff must allege that (1) he was deprived of a right secured by the Constitution and (2) the deprivation was caused by a person or persons acting under color of state law. See Buchanan-Moore v. County of Milwaukee, 570 F.3d 824, 827 (7th Cir. 2009). Fayette County Work Release is not a person subject to suit under 1983. See Owens v. Evans, 878 F.3d 559, 563 (7th Cir. 2017) (affirming dismissal of claim against Indiana Department of Correction "because it is not a person subject to suit under 1983"). Any claims against Fayette County Work Release were properly dismissed. Second, the plaintiff informs the Court that he would like to add a claim against Fayette County Jail for denying him proper medical attention. To add a claim against a new defendant, the plaintiff must file an amended complaint consistent with the requirements of Federal Rule of Civil Procedure 15. Here, even if the Court construes the correspondence from the plaintiff as compliant with Rule 15, any claim against Fayette County Jail is insufficient for the reasons set forth above--Fayette County Jail is not a person subject to suit under 1983. To assert a claim based on the denial of proper medical attention, the plaintiff needs to identify the individuals who either did not provide medical care or provided inadequate medical care. If, through discovery, the plaintiff is able to identify individuals who were deliberately indifferent to his serious medical needs, he may file a motion to amend his complaint to add the new defendants. At this point, no claim against Fayette County Jail will be added to this action. Copy to Damon Bowling via U.S. mail. Signed by Judge Jane Magnus-Stinson on 7/1/2019.(JDH) |
| Filing 20 RESPONSE to Court Entry #11 , filed by Plaintiff DAMON BOWLING. (Attachments: #1 Envelope)(JDH) |
| Filing 18 WAIVER OF SERVICE Returned Executed, filed by STEVE BILLS. STEVE BILLS waiver sent on 6/19/2019. (Attachments: #1 Envelope)(JDH) |
| Filing 16 WAIVER OF SERVICE Returned Executed, filed by MICHELLE DUDLEY. MICHELLE DUDLEY waiver sent on 6/19/2019. (Attachments: #1 Envelope)(JDH) |
| Filing 14 WAIVER OF SERVICE Returned Executed, filed by ERIC CANTRELL. ERIC CANTRELL waiver sent on 6/19/2019. (Attachments: #1 Envelope)(JDH) |
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Filing 13
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*. Copy to Damon Bowling via U.S. mail. Signed by Judge Jane Magnus-Stinson on 6/12/2019.(JDH)
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| Filing 12 NOTICE of Lawsuit & Waiver Issued by Clerk. Copies to Eric Cantrell, Michelle Dudley, and Steve Bills via U.S. mail, return envelopes enclosed. (JDH) |
| Filing 11 Entry Screening Complaint, Dismissing Insufficient Claims, and Directing Service - The plaintiff has been granted leave to proceed in forma pauperis and has paid the initial partial filing fee. His complaint is now ready for screening. The clerk is directed, pursuant to Fed. R. Civ. P. 4(c), to issue process to defendants (1) Eric Cantrell; (2) Michelle Dudley; and (3) Steve Bills. Process shall consist of the complaint filed March 25, 2019 (dkt. 1), applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry. Mr. Bowling's Eighth Amendment claims against Eric Cantrell, Michelle Dudley, and Steve Bills shall proceed. His state tort law claims for assault, battery, and false imprisonment shall proceed. Mr. Bowling's claims against Fayette County Work Release are dismissed. The clerk is directed to terminate Fayette County Work Release as a defendant on the docket. This summary includes all of the viable claims identified by the Court in the complaint. If the plaintiff believes that additional claims were alleged in the complaint, but not identified by the Court, he shall have through July 12, 2019, in which to identify those claims. (See Entry). Copies to Damon Bowling, Eric Cantrell, Michelle Dudley, and Steve Bills via U.S. mail. Signed by Judge Jane Magnus-Stinson on 6/12/2019.(JDH) |
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Filing 10
Order Denying Motion for Extension of Time - The plaintiff's motion for extension of time, dkt. #9 , is denied as moot. In the motion, the plaintiff requests additional time to pay the initial partial filing fee. Dkt. 9. However, the Court received payment of the plaintiff's initial partial filing fee on May 24, 2019. Dkt. 7. The Court will screen the complaint in accordance with 28 U.S.C. 1915A in due course. Copy to Damon Bowling via U.S. mail. Signed by Judge Jane Magnus-Stinson on 6/7/2019. (JDH)
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| Filing 9 MOTION for Initial Automatic Enlargement of Time, filed by Plaintiff DAMON BOWLING. (Attachments: #1 Envelope)(JDH) |
| Filing 8 Correspondence REQUESTING COPY of Case Docket Sheet and Notice of Upcoming Address Change, filed by Damon T. Bowling. Copy provided via US Mail. (Attachments: #1 Envelope) (JDH) |
| Filing 7 RECEIPT #IP065204 for Partial fee in the amount of $17.70, paid by Plaintiff. (HET) |
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Filing 6
Order Granting Motion for Leave to Proceed In Forma Pauperis - The plaintiff's motion for leave to proceed in forma pauperis, dkt. #5 , is granted to the extent that the plaintiff is assessed an initial partial filing fee of Seventeen Dollars and Seventy Cents ($17.70). See 28 U.S.C. 1915(b)(1). The plaintiff shall have through May 31, 2019, in which to pay this sum to the clerk of the district court. After the initial partial filing fee is received, the Court will screen the complaint in accordance with 28 U.S.C. 1915A. Copy to Damon Bowling via U.S. mail. Signed by Judge Jane Magnus-Stinson on 5/1/2019. (JDH)
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| Filing 5 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff DAMON BOWLING. (Attachments: #1 Exhibit - Trust statment, #2 Envelope)(JDH) |
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Filing 4
ORDER DENYING MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS - The plaintiff's motion for leave to proceed in forma pauperis, dkt. #2 , is denied as presented. The plaintiff shall have through April 29, 2019, in which to renew his motion for leave to proceed in forma pauperis by attaching a copy of the transactions associated with his institution trust account for the 6-month period preceding the filing of this action on March 25, 2019. See 28 U.S.C. 1915(a)(2). Otherwise, the plaintiff must pay the $400.00 filing fee. Copy to Damon Bowling via U.S. mail. Signed by Judge Jane Magnus-Stinson on 3/28/2019. (JDH)
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| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (MAC) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff DAMON BOWLING. (Attachments: #1 Envelope). (MAC) |
| Filing 1 COMPLAINT against STEVE BILLS, ERIC CANTRELL, MICHELLE DUDLEY, FAYETTE COUNTY WORK RELEASE, filed by DAMON BOWLING. (No fee paid with this filing). (Attachments: #1 Instruction Page, #2 Proposed Summons and USM 285 Form, #3 Envelope). (MAC) |
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