BERRY v. ZATECKY et al
| EARLIE B.A. BERRY, JR. |
| D. DAVIS, DUSHAN ZATECKY and BROOKS |
| 1:2019cv01511 |
| April 16, 2019 |
| US District Court for the Southern District of Indiana |
| Sarah Evans Barker |
| Debra McVicker Lynch |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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| Filing 15 Documents for Service by IDOC - re #1 Complaint, #13 NOTICE of Lawsuit & Waiver Issued by Clerk, #12 Order. (CKM) |
Filing 14
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. Copy Mailed *SEE ORDER FOR ADDITIONAL INFORMATION*. Signed by Judge Sarah Evans Barker on 7/3/2019. (CKM) Modified on 7/5/2019 (CKM).
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| Filing 13 NOTICE of Lawsuit & Waiver Issued by Clerk. (CKM) |
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Filing 12
ORDER - SCREENING COMPLAINT AND DIRECTING FURTHER PROCEEDINGS; The plaintiff's Eighth Amendment claims of excessive force and deliberate indifference shall proceed against all three defendants. The claims are proceeding against defendants Davis and Brooks based on their personal involvement in the alleged incident and against defendant Zatecky based on his implementation of policies concerning the use of force and provision of medical treatment to inmates with physical disabilities. This summary of claims includes all the viable claims identified by the Court. If the plaintiff believes that additional claims were alleged in the complaint, but not identified by the Court, he shall have through July 31, 2019, in which to identify those claims. The clerk is directed pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to the defendants 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. Because they are employees of the Indiana Department of Correction, the clerk is directed to issue service to the defendants electronically. Signed by Judge Sarah Evans Barker on 7/3/2019. Copy Mailed.(CKM)
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Filing 11
ORDER - The plaintiff's renewed motion for leave to proceed in forma pauperis, dkt. #10 , is denied as moot. The Court previously granted the plaintiff in forma pauperis status and he paid the initial partial filing fee on June 11, 2019. The Court will screen the plaintiff's complaint in due course. Copy to plaintiff via US Mail. Signed by Judge Sarah Evans Barker on 7/1/2019. (APD)
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| Filing 10 Renewed MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff EARLIE B.A. BERRY, JR. (Attachments: #1 Exhibit Transaction History Report) (CKM) |
| Filing 9 RECEIPT #IP065437 for partial filing fee in the amount of $4.33, paid by Plaintiff. (DJH) |
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Filing 8
ORDER - The plaintiff's motion for enlargement of time to pay the initial partial filing fee, dkt. #7 , is granted. The plaintiff shall have through July 31, 2019, in which to pay the initial partial filing fee of Four Dollars and Thirty-Three Cents ($4.33). Alternatively, the plaintiff may renew his motion for leave to proceed in forma pauperis without an initial filing fee by providing the Court with an updated trust account statement. Signed by Judge Sarah Evans Barker on 6/4/2019. Copy Mailed. (CKM)
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| Filing 7 MOTION for Enlargement of Time to Pay Court Order Requirement of Four Dollars and Thirty-three Cents, filed by Plaintiff EARLIE B.A. BERRY, JR. (JDH) |
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Filing 6
ORDER on Motion to Proceed In Forma Pauperis; The plaintiff's motion to proceed in forma pauperis, dkt. #2 , is granted to the extent that the plaintiff is assessed an initial partial filing fee of Four Dollars and Thirty-Three Cents ($4.33). 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. Signed by Judge Sarah Evans Barker on 5/3/2019. Copy Mailed. (CKM)
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| Filing 5 EXHIBITS re #2 MOTION for Leave to Proceed in forma pauperis by EARLIE B.A. BERRY, JR. (Attachments: #1 Exhibit Inmate Trust Account, #2 Exhibit Inmate Trust Account)(CKM) |
| Filing 4 Correspondence REQUESTING COPY of Case Document(s) re #1 Complaint, filed by Earlie B. Berry Jr.. Copy/Copies provided via US Mail. (CKM) |
| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (HET) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff EARLIE B.A. BERRY, JR. (Attachments: #1 Exhibit Affidavit, transaction history inquiry)(HET) |
| Filing 1 COMPLAINT against BROOKS, D. DAVIS, DUSHAN ZATECKY, filed by EARLIE B.A. BERRY, JR. (No fee paid with this filing) (Attachments: #1 Exhibit DOC documents, #2 Proposed Summons)(HET) |
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