COLLINS v. DURANT et al
| JEFFREY LYNN COLLINS |
| DECATUR COUNTY SHERIFF'S DEPARTMENT, JOSH GILLEY, IAN TRESSLER, DILLON SWANGO and DAVID DURANT |
| 1:2020cv00793 |
| March 11, 2020 |
| US District Court for the Southern District of Indiana |
| Matthew P Brookman |
| Jane Magnus-Stinson |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 8, 2020. A more recent docket listing may be available from PACER.
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| Filing 13 NOTICE of Change of Address for JEFFREY LYNN COLLINS. (Attachments: #1 Envelope) (JDH) |
| Filing 12 AMENDED COMPLAINT against All Defendants, filed by JEFFREY LYNN COLLINS. (Attachments: #1 Envelope)(JDH) |
| Filing 11 MOTION to Appoint Counsel, filed by Plaintiff JEFFREY LYNN COLLINS. (Attachments: #1 Cover Letter, #2 Envelope)(JDH) |
Filing 10
Order on Motion to Add Information to Complaint - Plaintiff Jeffrey Collins filed a complaint in this action on March 11, 2020. Dkt. 1. He then filed a motion to add information to the original complaint form, dkt. #9 , requesting to supplement his complaint with corrections and additional details. For pleading purposes, once an amended complaint is filed, the original complaint drops out of the picture. Beal v. Beller, 847 F.3d 897, 901 (7th Cir. 2017). Therefore, an amended complaint must stand complete on its own and should contain all claims against all defendants. Mr. Collins motion does not satisfy this requirement. If Mr. Collins wishes to modify the facts or defendants in his complaint, he must file an amended complaint that will replace his original complaint. Accordingly, Mr. Collins motion, dkt. #9 , is granted to the extent that he shall have through April 24, 2020, in which to file an amended complaint that contains all claims against all defendants. The amended complaint must include the case number referenced in the caption of this Entry, 1:20-cv-00793-JMS-MPB, and have the words Amended Complaint on the first page. The clerk is directed to include a blank complaint form with Mr. Collins copy of this Order. Copies to Jeffrey Lynn Collins via U.S. mail. Signed by Judge Jane Magnus-Stinson on 3/24/2020. (Attachments: #1 Complaint form) (JDH)
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| Filing 9 MOTION to Amend #1 Complaint, filed by Plaintiff JEFFREY LYNN COLLINS. (Attachments: #1 Envelope)(JDH) |
| Filing 8 Entry Denying as Premature Plaintiffs Motion for Assistance with Recruiting Counsel - Plaintiff Jeffrey Collins motion to appoint counsel, dkt. #7 , is denied as premature. The complaint has not been screened and no defendants have been served. The Seventh Circuit has found that until the defendants respond to the complaint, the plaintiffs need for assistance of counsel... cannot be gauged. Kadamovas v. Stevens, 706 F.3d 843, 845 (7th Cir. 2013); see also Mapes v. Indiana, 932 F.3d 968, 971 (7th Cir. 2019) (acknowledging the difficulty of accurately evaluating the need for counsel in the early stages of pro se litigation). Mr. Collins may renew his motion after the defendants have answered. In the meantime, he must attempt to recruit counsel on his own. If Mr. Collins chooses to renew his motion, he should use the form motion that the Court has prepared for indigent litigants seeking the appointment of counsel. The form requests the information necessary for the Court to determine the merits of the motion and requires the litigant to acknowledge important conditions of the appointment of counsel. The clerk is directed to include a form motion for assistance with recruiting counsel with Mr. Collins copy of this Entry. Copy to Jeffrey Lynn Collins via U.S. mail. Signed by Judge Jane Magnus-Stinson on 3/20/2020. (Attachments: #1 Form - Motion for Assistance with Recruiting Counsel) (JDH) |
| Filing 7 MOTION to Appoint Counsel, filed by Plaintiff JEFFREY LYNN COLLINS. (Attachments: #1 Cover Letter, #2 Envelope)(JDH) |
| Filing 6 CONSENT to Jurisdiction to US Magistrate Judge by JEFFREY LYNN COLLINS. (Attachments: #1 Cover Letter, #2 Envelope)(JDH) |
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Filing 5
ORDER granting Plaintiff's #2 Motion for Leave to Proceed in forma pauperis. The assessment of even an initial partial filing fee is waived because the plaintiff has no assets and no means by which to pay a partial filing fee. 28 U.S.C. 1915(b)(4). Accordingly, no initial partial filing fee is due at this time. Copy to Plaintiff via U.S. Mail. Signed by Judge Jane Magnus-Stinson on 3/18/2020. (MAC)
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| Filing 4 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 distributed to Plaintiff via US mail. (TMC) |
| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AKH) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff JEFFREY LYNN COLLINS. (Attachments: #1 Exhibit Inmate Trust Fund Transaction Sheets, #2 Envelope).(AKH) |
| Filing 1 COMPLAINT against DECATUR COUNTY SHERIFF'S DEPARTMENT, DAVID DURANT, JOSH GILLEY, DILLON SWANGO, IAN TRESSLER, filed by JEFFREY LYNN COLLINS. (No fee paid with this filing) (Attachments: #1 Envelope). (AKH) |
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