BRUMBACK v. MADISON COUNTY SHERIFF'S DEPARTMENT et al
| ROBERT BRUMBACK |
| MADISON COUNTY SHERIFF'S DEPARTMENT, SCOTT MELLINGER, WALTERS and MEDICAL STAFF |
| 1:2021cv02027 |
| July 13, 2021 |
| US District Court for the Southern District of Indiana |
| Mark J Dinsmore |
| James R Sweeney |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on August 27, 2021. A more recent docket listing may be available from PACER.
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Filing 13
ORDER denying #10 Motion to Appoint Counsel. ***SEE ORDER FOR ADDITIONAL INFORMATION*** Signed by Judge James R. Sweeney II on 8/27/2021. (JDC)
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Filing 12
ENTRY SCREENING AND DISMISSING COMPLAINT AND PROVIDING OPPORTUNITY TO AMEND - The dismissal of the complaint will not lead to the dismissal of the action at present. Instead, Mr. Brumback shall have through September 23, 2021, to file an amended complaint. The amended complaint must (a) contain a short and plain statement of the claim showing that the plaintiff is entitled to relief, which is sufficient to provide the defendant with fair notice of the claim and its basis; (b) include a demand for the relief sought; and (c) identify what injury he claims to have suffered and what persons are responsible for each such injury. In organizing his complaint, the plaintiff may benefit from utilizing the Court's complaint form. Any amended complaint should have the proper case number, 1:21-cv-02027-JRS-MJD, and the words "Amended Complaint" on the first page. The amended complaint will completely replace the original. Therefore, it must set out every defendant, claim, and factual allegation the plaintiff wishes to pursue in this action. If the plaintiff files an amended complaint, it will be screened pursuant to 28 U.S.C. 1915A(b). If no amended complaint is filed, this action will be dismissed without further notice or opportunity to show cause. ***SEE ORDER FOR ADDITIONAL INFORMATION*** Signed by Judge James R. Sweeney II on 8/26/2021.(JDC)
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| Filing 11 Submission of previously filed Consent E-Service and Motion for Appointment of Counsel, filed by Plaintiff ROBERT BRUMBACK. (JDC) |
| Filing 10 MOTION to Appoint Counsel, filed by Plaintiff ROBERT BRUMBACK. (Attachments: #1 Exhibit)(JDC) |
| Filing 9 CONSENT to Prisoner E-Service by ROBERT BRUMBACK located at PUTNAMVILLE CF. Pursuant to General Order 2013-1, documents submitted by ROBERT BRUMBACK to the court for filing will generate a Notice of Electronic Filing that will constitute official service upon registered users of CM/ECF. If any parties to the case are not registered CM/ECF users, the Clerk of the Court will mail the document via U.S. Postal Service on behalf of the inmate. NOTE: The E-Filing Program does not affect the obligation of other parties to serve copies of documents in accordance with the Federal Rules of Civil Procedure. (JDC) |
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Filing 8
ORDER GRANTING RENEWED MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS - Mr. Brumback's renewed motion for leave to proceed in forma pauperis, dkt. #7 , 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) (1) ("the prisoner shall be required to pay the full amount of a filing fee."). 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 James R. Sweeney II on 7/31/2021. (JDC)
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| Filing 7 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff ROBERT BRUMBACK. (Attachments: #1 Exhibit)(JDC) |
| Filing 6 CONSENT to Jurisdiction to US Magistrate Judge by ROBERT BRUMBACK. (JDC) |
| 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) |
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Filing 5
ORDER DENYING MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS - The plaintiff's motion for leave to proceed in forma pauperis, dkt. #2 , is denied as presented because it is not supported with a completed trust fund account statement. The plaintiff shall have through August 16, 2021, in which to renew his motion by attaching a copy of the transactions associated with his institution trust account for the six-month period preceding the filing of this action on July 13, 2021. See 28 U.S.C. 1915(a)(2). Otherwise, he must pay the $402.00 filing fee. (Copy to Plaintiff via U.S. mail) Signed by Judge James R. Sweeney II on 7/14/2021. (JDC)
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| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Plaintiff, ROBERT BRUMBACK. (DJH) |
| Filing 1 COMPLAINT against MADISON COUNTY SHERIFF'S DEPARTMENT, MEDICAL STAFF, SCOTT MELLINGER, and WALTERS, filed by ROBERT BRUMBACK. (No fee paid with this filing) (DJH) |
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