BRODHEAD V. KOKOMO CITY, ET AL
| JUSTIN BRODHEAD |
| KOKOMO POLICE DEPT, KOKOMO CITY OF, J. DODD and D. WALLSMITH |
| 1:2019cv04170 |
| October 10, 2019 |
| US District Court for the Southern District of Indiana |
| Tim A Baker |
| Tanya Walton Pratt |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Defendant |
Docket Report
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This docket was last retrieved on November 25, 2020. A more recent docket listing may be available from PACER.
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Filing 35
Order of Reference - Based on the written consent of the parties, dkt. #31 and dkt. #33 , this case is referred to the Honorable Tim A. Baker, United States Magistrate Judge, to conduct all proceedings and order the entry of judgment, in accordance with 28 U.S.C. 636(c) and Fed. R. Civ. P. 73. Should this case be reassigned to a different magistrate judge, any attorney or party of record may object within 30 days of such reassignment. If no objection is filed, the consent will remain in effect. Please use altered case number 1:19-cv-04170-TAB-TWP on all future filings in this matter. Copy to Plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 11/1/2019.(NAD)
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| Filing 34 MOTION for Subpoena, filed by Plaintiff JUSTIN BRODHEAD. (Attachments: #1 Envelope)(NAD) |
| Filing 33 NOTICE of Consent, filed by Defendants J. DODD, D. WALLSMITH, re #27 Magistrate Judge's Notice of Availability to Exercise Jurisdiction. (Pollack, Caren) |
| Filing 32 RESPONSE, re #23 Answer to Complaint, filed by Plaintiff JUSTIN BRODHEAD. (Attachments: #1 Exhibit Supplement #1 Narrative, #2 Envelope)(NAD) |
| Filing 31 CONSENT to Jurisdiction to US Magistrate Judge by JUSTIN BRODHEAD. (Attachments: #1 Envelope)(NAD) |
| Filing 30 NOTICE to Pro se Litigant - The following information is provided to pro se litigants to inform them about rules and procedures governing how they communicate with the Court. Copy to plaintiff by US Mail. (MEH) |
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Filing 29
***PLEASE DISREGARD DOCKETED IN ERROR, DUPLICATIVE ENTRY***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 5/18/2020. Discovery due by 4/16/2020. Copy to Plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 10/15/2019.(NAD) Modified on 10/16/2019 (NAD).
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Filing 28
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 5/18/2020. Discovery due by 4/16/2020. Copy to Plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 10/15/2019.(NAD)
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| Filing 27 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (NAD) |
| Filing 26 Case transferred in from District of Indiana Northern; Case Number 3:19-cv-00302. Original file copy of transfer order and docket sheet received. |
| Filing 24 DEMAND for Trial by Jury by J Dodd, D Wallsmith. (Pollack, Caren) [Transferred from Indiana Northern on 10/10/2019.] |
| Filing 23 ANSWER to Complaint by J Dodd, D Wallsmith.(Pollack, Caren) [Transferred from Indiana Northern on 10/10/2019.] |
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Filing 25
ORDER: The Court TRANSFERS this case to the United States DistrictCourt for the Southern District of Indiana. Signed by Judge Robert L. Miller, Jr. on 10/9/2019. (Copy mailed to pro se party) (rmf) [Transferred from Indiana Northern on 10/10/2019.]
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| Filing 22 NOTICE of Change of Address by Justin Brodhead from Westville Correctional Facility to 1820 W Madison Kokomo, IN 46901 (nae) [Transferred from Indiana Northern on 10/10/2019.] |
| Waiver of Service and Deficiency Deadlines terminated. (mlc) [Transferred from Indiana Northern on 10/10/2019.] |
| Filing 21 WAIVER OF SERVICE Returned Executed by D Wallsmith. D Wallsmith waiver sent on 8/15/2019, answer due 10/15/2019. (Pollack, Caren) [Transferred from Indiana Northern on 10/10/2019.] |
| Filing 20 WAIVER OF SERVICE Returned Executed by J Dodd. J Dodd waiver sent on 8/15/2019, answer due 10/15/2019. (Pollack, Caren) [Transferred from Indiana Northern on 10/10/2019.] |
| Filing 19 NOTICE of Appearance by Caren L Pollack on behalf of J Dodd, D Wallsmith (Pollack, Caren) [Transferred from Indiana Northern on 10/10/2019.] |
| Filing 18 Partial Initial Filing fee: $12.00, receipt number 3023124 (rmc) [Transferred from Indiana Northern on 10/10/2019.] |
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Filing 17
ORDER: The Court DENIES the motion for default judgment ECF #14 and DENIES the motion for interrogatories ECF #16 . Signed by Judge Robert L Miller, Jr on 8/26/19. (Copy mailed to pro se party). (nal) [Transferred from Indiana Northern on 10/10/2019.]
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| Filing 13 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Officer J. Dodd and Officer D. Wallsmith. (Copy mailed to defendants) Waiver of Service due by 9/16/2019. (Attachments: #1 Order, #2 Complaint). (nal) [Transferred from Indiana Northern on 10/10/2019.] |
| Filing 16 Plaintiff's Motion Entering Interogatories by Plaintiff Justin Brodhead. (rmc) [Transferred from Indiana Northern on 10/10/2019.] |
| Filing 15 RESPONSE TO ORDER TO SHOW CAUSE titled as Affidavit filed by Justin Brodhead. (nae) [Transferred from Indiana Northern on 10/10/2019.] |
| Filing 14 MOTION Moving to Place the Defendant into Default by Plaintiff Justin Brodhead. (nae) [Transferred from Indiana Northern on 10/10/2019.] |
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Filing 12
OPINION AND ORDER: The Court DENIES the motion to compel ECF #6 , GRANTS Justin Brodhead leave to proceed on a Fourth Amendment claim against Officer J. Dodd and Officer D. Wallsmith for using excessive force on June 2, 2018, DISMISSES the City of Kokomo and the Kokomo Police Department, DISMISSES all other claims, DIRECTS the clerk and the United States Marshals Service to issue and serve process on Officer J. Dodd and Officer D. Wallsmith at the Kokomo Police Department with a copy of this order and the complaint ECF #1 as required by 28 U.S.C. 1915(d) and ORDERS, pursuant to 42 U.S.C. 1997e(g)(2), Officer J. Dodd and Officer D. Wallsmith to respond, as provided for in the Federal Rules of Civil Procedure and N.D. Ind. L.R. 10-1(b), only to the claims for which Justin Brodhead has been granted leave to proceed in this screening order. Signed by Judge Robert L Miller, Jr on 8/14/19. (Copy mailed to pro se party). (nal) [Transferred from Indiana Northern on 10/10/2019.]
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| Filing 11 AFFIDAVIT in response to DE #8 of Justin Brodhead by Justin Brodhead. (nae) [Transferred from Indiana Northern on 10/10/2019.] |
| Filing 10 Proposed Summons and USM 285 forms filed by Justin Brodhead. (nae) [Transferred from Indiana Northern on 10/10/2019.] |
| Filing 9 AFFIDAVIT of Justin Brodhead in response to #8 Order to Show Cause by Justin Brodhead. (nae) [Transferred from Indiana Northern on 10/10/2019.] |
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Filing 8
ORDER to Plaintiff to show cause by 8/20/2019 as to why he has not paid the initial partial filing fee and CAUTIONS Plaintiff that, if he does not respond by that deadline, this case may be dismissed without further notice. Signed by Magistrate Judge Michael G Gotsch, Sr on 7/24/2019. (Copy mailed to pro se party)(bas) [Transferred from Indiana Northern on 10/10/2019.]
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| Filing 7 Letter from Justin Brodhead requesting status of case (Docket sheet sent) (nae) [Transferred from Indiana Northern on 10/10/2019.] |
| Filing 6 MOTION Compelling "Evidence" That May be Used in Trial by Plaintiff Justin Brodhead. (nae) [Transferred from Indiana Northern on 10/10/2019.] |
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Filing 5
ORDER granting #4 Motion for Leave to Proceed in forma pauperis. The Court ORDERS the plaintiff, Justin Brodhead, IDOC #178187, to immediately pay (and the facility having custody of him to automatically remit) $23.21 to the clerk of this court in payment of the initial partial filing fee, ORDERS the plaintiff to pay (and the facility having custody of him to automatically remit) to the clerk of this court 20% of the money he receives for each calendar month during which he receives $10.00 or more until the $350.00 filing fee is paid in full, DIRECTS the clerk to create a ledger for receipt of these funds and DIRECTS the clerk to send a copy of this order to each facility where the plaintiff is housed until the filing fee has been paid in full. Signed by Judge Robert L Miller, Jr on 5/8/19. (Copy mailed as directed in Order). (nal) [Transferred from Indiana Northern on 10/10/2019.]
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| Filing 4 MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Justin Brodhead. (nae) [Transferred from Indiana Northern on 10/10/2019.] |
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Filing 3
ORDER The court GRANTS Justin Brodhead until 05/10/2019 to resolve his filing fee status. If he doesnt respond by that deadline, this case may be dismissed without further notice. Signed by Judge Robert L Miller, Jr on 4/16/2019. (Copy mailed to pro se party)(sct) [Transferred from Indiana Northern on 10/10/2019.]
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| Filing 2 Letter from Justin Brodhead requesting the court to waive all filing fees (nae) [Transferred from Indiana Northern on 10/10/2019.] |
| Filing 1 PRO SE COMPLAINT with 0 copies of summons forms and 0 copies of USM-285 forms against J Dodd, Kokomo City of, Kokomo Police Dept, D Wallsmith, filed by Justin Brodhead. (Returned copy with case number to Brodhead)(nae) [Transferred from Indiana Northern on 10/10/2019.] |
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