MULLIS v. KUMMER et al
| BRENT DEWAYNE MULLIS |
| TONY LEE KUMMER and COLUMBUS INDIANA POLICE DEPARTMENT |
| 1:2022cv01338 |
| July 5, 2022 |
| US District Court for the Southern District of Indiana |
| Tanya Walton Pratt |
| Doris L Pryor |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Both |
Docket Report
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| Document Text |
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| Filing 12 DEMAND for Trial by Jury, filed by Defendant TONY LEE KUMMER. (Stephenson, James) |
| Filing 11 NOTICE of Appearance by James S. Stephenson on behalf of Defendant TONY LEE KUMMER. (Stephenson, James) |
| Filing 10 MOTION to Set Jury Trial, filed by Plaintiff BRENT DEWAYNE MULLIS. (Attachments: #1 Envelope)(AKH) |
| Filing 9 NOTICE of Lawsuit & Waiver Issued by Clerk upon: Tony Lee Kummer. (AKH) |
Filing 8
ENTRY GRANTING MOTION TO PROCEED IN FORMA PAUPERIS, DISCUSSING ACTION, AND DIRECTING SERVICE - Plaintiff's Motions for Leave to Proceed in Forma Pauperis (Filing No. #2 ; Filing No. #6 ) are GRANTED. While in forma pauperis status allows a plaintiff to proceed without pre-payment of the filing fee, the plaintiff remains liable for the full fees. The filing fee for in forma pauperis litigants is $350.00. No payment is due currently; however, the $350.00 balance remains owing. The Plaintiff's Complaint alleges an impermissible vicarious liability/respondeat superior Section 1983 claim against CPD, and thus, because Plaintiff's Complaint has failed to state a claim upon which relief may be granted as currently pled, the Complaint is subject to dismissal for lack of jurisdiction as to CPD. If he determines that it is appropriate and warranted to file an amended complaint, Plaintiff shall have through Friday, September 23, 2022, to file an amended complaint to attempt to sufficiently plead a claim against CPD. If Plaintiff does not file an amended complaint by that date, the case will proceed against Kummer as the sole defendant. Because Plaintiff is proceeding in forma pauperis, Federal Rule of Civil Procedure 4(c)(3) requires the Court to order service for Plaintiff. Accordingly, the Clerk is designated pursuant to Rule 4(c)(3) to issue process to Defendant Tony Lee Kummer in the manner specified by Rule 4(d). Process shall consist of the Complaint (Filing No. #1 ), applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry. (See Entry). Copies sent pursuant to distribution list. Signed by Judge Tanya Walton Pratt on 8/23/2022. (AKH)
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| Filing 7 CONSENT to Jurisdiction to US Magistrate Judge by BRENT DEWAYNE MULLIS. (Attachments: #1 Cover Letter, #2 Envelope)(AKH) |
| Filing 6 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff BRENT DEWAYNE MULLIS. (Attachments: #1 Envelope)(AKH) |
| Filing 5 NOTICE OF DEFICIENCY - Your civil rights complaint has been received. You shall have through 7/29/2022 in which to correct the deficiencies as follows: You must either pay the 402.00 filing fee for this action or demonstrate that you lack the financial ability to do so by filing a motion for leave to proceed without the prepayment of the filing fee (in forma pauperis). A form motion for leave to proceed without the prepayment of the filing fee is being provided for your use. NOTE TO PRISONER - If you seek leave to proceed without prepaying the filing fee, and you are a prisoner, your motion must be accompanied by a copy of the transactions associated with your institution trust account for the 6-month period preceding the filing of this action. (TRG) |
| 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. (AKH) |
| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JSR) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff BRENT DEWAYNE MULLIS. (Attachments: #1 Envelope)(JSR) |
| Filing 1 COMPLAINT against COLUMBUS INDIANA POLICE DEPARTMENT, TONY LEE KUMMER, filed by BRENT DEWAYNE MULLIS. (No fee paid with this filing) (Attachments: #1 Proposed Summons, #2 Envelope)(JSR) |
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