ROWE v. EDWARDS et al
| ZACHARY ROWE |
| TREY EDWARDS, HANCOCK COUNTY JAIL, ZACH NAYLOR and LISA ADDISON |
| 1:2023cv00448 |
| March 13, 2023 |
| US District Court for the Southern District of Indiana |
| Sarah Evans Barker |
| Mark J Dinsmore |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Filing 14 NOTICE of Lawsuit & Waiver Issued by Clerk for Trey Edwards. (CKM) |
Filing 13
ORDER - Granting In Forma Pauperis Status, Screening Complaint, and Directing Service of Process; Plaintiff Zackary Rowe is a former inmate of Hancock County Jail. He alleges in this civil action that Officer Trey Edwards injured him in an unnecessary attack, his injuries were not properly treated, and he was placed in administrative segregation without cause. Before the Court are his motions for leave to proceed in forma pauperis and his complaint. The plaintiff's motions to proceed in forma pauperis, dkt. #9 , dkt. #10 , and dkt. #11 , are granted. The complaint names four defendants: Trey Edwards, Zach Naylor, Hancock County Jail, and Lisa Addison. Mr. Rowe's claims against the Hancock County Jail must be dismissed because the Jail is a non-suable entity. Second, all claims against Zack Naylor and Lisa Addison must be dismissed because the complaint makes no allegations that they were personally involved in the alleged constitutional violations. Third, Mr. Rowe's claim that he was placed in administrative segregation without cause is dismissed because he has not identified any defendant responsible for his placement in segregation. Finally, Mr. Rowe's excessive force claim against Trey Edwards shall proceed under the Fourteenth Amendment. The clerk is directed to terminate Hancock County Jail, Zach Naylor, and Lisa Addison as defendants on the docket. The clerk is directed pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendant Trey Edwards in the manner specified by Rule 4(d). Process shall consist of the complaint (dkt. #1 ), applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Order. Nothing in this Order prohibits the filing of a proper motion pursuant to Rule 12 of the Federal Rules of Civil Procedure. Signed by Judge Sarah Evans Barker on 4/17/2023. Copies Mailed(CKM)
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| Filing 12 Submission dated 4/7/2023, filed by Plaintiff ZACHARY ROWE. (Attachments: #1 Exhibit Various Documents) (CKM) |
| Filing 11 THIRD MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff ZACHARY ROWE. (AKH) |
| Filing 10 SECOND MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff ZACHARY ROWE. (AKH) |
| Filing 9 FIRST MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff ZACHARY ROWE. (AKH) |
| Filing 8 CONSENT to Jurisdiction to US Magistrate Judge by ZACHARY ROWE. (AKH) |
| Filing 7 Submission of Search Inmate Grievances & Requests, filed by Plaintiff ZACHARY ROWE. (AKH) |
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Filing 6
ORDER - denying #2 Motion for Leave to Proceed in forma pauperis; The trust account statement included with the motion is over a year old. See 42 U.S.C. 1915(a)(2). It appears the plaintiff is no longer incarcerated. Therefore, if he renews his motion for leave to proceed in forma pauperis, he should use the court's non-prisoner form motion. The clerk is directed to include the form motion with the plaintiff's copy of this Order. The plaintiff shall have through April 17, 2023, in which to renew his motion for leave to proceed in forma pauperis or pay the $402.00 filing fee for this action. Failure to do either by the deadline may result in the dismissal of this action without further opportunity to show cause. Copies Mailed. Signed by Judge Sarah Evans Barker on 3/17/2023. (CKM)
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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. (LDH) |
| Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DRB) |
| Filing 3 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (DRB) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff ZACHARY ROWE. (Attachments: #1 Exhibit)(DRB) (Main Document 2 replaced on 3/13/2023) (DRB). (Main Document 2 replaced on 3/13/2023) (DRB). |
| Filing 1 COMPLAINT against TREY EDWARDS, HANCOCK COUNTY JAIL, filed by ZACHARY ROWE. (No fee paid with this filing) (Attachments: #1 Exhibit)(DRB) |
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