NICHOLS v. MYERS
| ERNEST NICHOLS, JR. |
| MATT MYERS |
| 1:2021cv01003 |
| April 23, 2021 |
| US District Court for the Southern District of Indiana |
| Tim A Baker |
| James Patrick Hanlon |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 |
| Defendant |
Docket Report
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This docket was last retrieved on May 12, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 11 NOTICE of Appearance by Rosemary L. Borek on behalf of Defendant MATT MYERS. (Borek, Rosemary) |
| Filing 10 WAIVER OF SERVICE Returned Executed, filed by MATT MYERS. MATT MYERS waiver sent on 5/5/2021. (Stephenson, James) |
| Filing 9 DEMAND for Trial by Jury, filed by Defendant MATT MYERS. (Stephenson, James) |
| Filing 8 NOTICE of Appearance by James S. Stephenson on behalf of Defendant MATT MYERS. (Stephenson, James) |
| Filing 7 NOTICE of Lawsuit & Waiver Issued by Clerk TO: 1) Matt Myers. (DWH) |
Filing 6
ORDER GRANTING MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS, SCREENING COMPLAINT, AND DIRECTING SERVICE OF PROCESS - The plaintiff's motion to proceed in forma pauperis, dkt. #3 , is granted. The plaintiff's Fourteenth Amendment claim against Sheriff Matt Myers is proceeding in this action. The clerk is directed pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendant Myers in the manner specified by Fed. R. Civ. P. 4(d). Process shall consist of the complaint, dkt. #2 , applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Order (SEE ORDER). Signed by Judge James Patrick Hanlon on 5/3/2021. Copies distributed pursuant to distribution list. (DWH)
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| Filing 5 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 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff ERNEST NICHOLS, JR. (Attachments: #1 Envelope)(originally filed in 1:21-cv-00569-JRS-DML on 3/8/2021)(REO) Modified on 4/23/2021 (REO). |
| Filing 2 COMPLAINT against MATT MYERS, filed by ERNEST NICHOLS, JR. (No fee paid with this filing) (Attachments: #1 Envelope)(REO) |
|
Filing 1
ORDER GRANTING MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS, GRANTING MOTION FOR LEAVE TO FILE AMENDED COMPLAINT, SCREENING AMENDED COMPLAINT, SEVERING CLAIM, AND DIRECTING SERVICE OF PROCESS - The plaintiff's motion to proceed in forma pauperis, dkt. 2, is granted. Although the plaintiff is excused from pre-paying the full filing fee, he still must pay the three hundred and fifty dollar ($350.00) filing fee pursuant to the statutory formula set forth in 28 U.S.C. 1915(b)(2) when able. 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. The plaintiff's Fourteenth Amendment claim against Cindy Weisner is proceeding in this action. If the plaintiff believes that additional claims were alleged in the complaint, but not identified by the Court, he shall have through May 24, 2021, in which to identify those claims. The clerk is directed to terminate Government of Bartholomew County and Bartholomew County Sheriff's Department as defendants on the docket and to add Cindy Weisner as a defendant. The clerk is directed pursuant to Fed. R. Civ. P. 4(c) (3) to issue process to defendant Weisner in the manner specified by Fed. R. Civ. P. 4(d). Process shall consist of the amended complaint, applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Order as filed in 1:21-cv-00569-JRS-DML. Signed by Judge James R. Sweeney II on 4/22/2021.(REO)
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| Plaintiff: ERNEST NICHOLS, JR. | |
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| Defendant: MATT MYERS | |
| Represented By: | James S. Stephenson |
| Represented By: | Rosemary L. Borek |
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