CAPPS v. YELEY
Plaintiff: ABBRELLA F. CAPPS
Defendant: YELEY
Case Number: 1:2019cv01248
Filed: March 27, 2019
Court: US District Court for the Southern District of Indiana
Presiding Judge: Mark J Dinsmore
Referring Judge: James Patrick Hanlon
Nature of Suit: Prisoner Petitions - Prison Condition
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on November 23, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 5, 2019 Opinion or Order 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*. Signed by Judge James Patrick Hanlon on 7/5/2019. Copy to Plaintiff via US Mail. (DWH)
July 5, 2019 Opinion or Order Filing 12 ORDER SETTING PRETRIAL SCHEDULE AND DISCUSSING DISCOVERY IN PRISONER LITIGATION: This Order sets the schedule for how this action shall proceed. Part I sets forth the pretrial deadlines. Part II discusses various aspects of discovery. Facilitating the discovery process can be difficult, and this Order is issued in an effort to help explain and streamline the process for the parties. The parties should carefully read this Order. *SEE ORDER FOR ADDITIONAL INFORMATION*. Dispositive Motions due by 2/12/2020. Discovery due by 1/13/2020. Signed by Judge James Patrick Hanlon on 7/5/2019. Copy to Plaintiff via US Mail. (DWH)
July 1, 2019 Filing 11 ANSWER and Affirmative Defenses, filed by Defendant YELEY. (Borek, Rosemary)
May 20, 2019 Filing 10 WAIVER OF SERVICE Returned Executed, filed by YELEY. YELEY waiver sent on 5/1/2019. (Borek, Rosemary)
May 20, 2019 Filing 9 DEMAND for Trial by Jury, filed by Defendant YELEY. (Borek, Rosemary)
May 20, 2019 Filing 8 NOTICE of Appearance by Rosemary L. Borek on behalf of Defendant YELEY. (Borek, Rosemary)
May 1, 2019 Filing 7 NOTICE of Lawsuit & Waiver Issued by Clerk TO: Officer Yeley. (DWH)
April 30, 2019 Opinion or Order Filing 6 ORDER GRANTING MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS, SCREENING COMPLAINT, AND DIRECTING SERVICE OF PROCESS - Plaintiff Abbrella Capps' motion to proceed in forma pauperis, dkt. #5 , is GRANTED. Construing Ms. Capps' Complaint liberally, the facts as pleaded are sufficient to draw the reasonable inference that Officer Yeley is liable for violating Ms. Capps' Fourteenth Amendment rights by using excessive force. This claim shall proceed. The clerk is directed pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendant Officer Yeley 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 Order (SEE ORDER FOR ADDITIONAL INFORMATION). Signed by Judge James Patrick Hanlon on 4/30/2019. Copies distributed pursuant to distribution list. (DWH)
April 24, 2019 Filing 5 MOTION (Resident Account Summary) for Leave to Proceed in forma pauperis, filed by Plaintiff ABBRELLA F. CAPPS. (Attachments: #1 Envelope)(DWH)
April 8, 2019 Filing 4 ENTRY DIRECTING FURTHER PROCEEDINGS - The plaintiff shall have through May 1, 2019, in which to either pay the $400.00 filing fee for this action or demonstrate that he lacks the financial ability to do so. If he seeks leave to proceed in forma pauperis, his request must be accompanied by a copy of the transactions associated with his institution trust account for the 6-month period preceding the filing of this action on March 27, 2019. 28 U.S.C. 1915(a)(2). Signed by Judge James Patrick Hanlon on 4/8/2019. Copy to Plaintiff via US Mail. (DWH)
April 4, 2019 Filing 3 CONSENT to Jurisdiction to US Magistrate Judge by ABBRELLA F. CAPPS. (Attachments: #1 Envelope)(DWH)
March 28, 2019 Filing 2 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (MAC)
March 27, 2019 Filing 1 COMPLAINT against YELEY, filed by ABBRELLA F. CAPPS. (No fee paid with this filing). (Attachments: #1 Envelope). (MAC)

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Defendant: YELEY
Represented By: Rosemary L. Borek
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Plaintiff: ABBRELLA F. CAPPS
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