GORDON v. EHRIE et al
| BRYON E. GORDON |
| AUSTIN T. EHRIE and D. ZATECKY |
| 2:2022cv00163 |
| April 22, 2022 |
| 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 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 13, 2022. A more recent docket listing may be available from PACER.
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| Filing 16 Documents to be Sent via Electronic Notice - re #15 NOTICE of Lawsuit & Waiver Issued by Clerk, #2 Complaint, #14 Order on Motion to Amend/Correct Electronic Notice to IDOC. (TPS) |
| Filing 15 NOTICE of Lawsuit & Waiver Issued by Clerk upon Austin T. Ehrie. (TPS) |
Filing 14
ORDER Screening Complaint and Directing Service of Process - All claims regarding the grievance process are dismissed for failure to state a claim. Mr. Gordon's Eighth Amendment excessive force and deliberate indifference claims against defendant Ehrie shall proceed. If the plaintiff believes that additional claims were alleged in the complaint, but not identified by the Court, he shall have through July 11, 2022, in which to identify those claims. Mr. Gordon's motion to amend asks to amend the amount of damages sought in his complaint from $475,000 to $3,000,000. The motion, dkt. #10 , is granted. The clerk is directed to issue process electronically to defendant Ehrie in the manner specified by Rule 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. The clerk is directed to terminate Warden Zatecky as a defendant on the docket. Signed by Judge James R. Sweeney II on 6/13/2022. (TPS)
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Filing 13
ORDER denying without prejudice #5 Motion to Appoint Counsel. The Court finds that Plaintiff has not made a reasonable effort to recruit counsel on his own before seeking the Court's assistance. The clerk is directed to send Plaintiff a motion for assistance recruiting counsel form, which he must use if he chooses to renew his motion. Signed by Judge James R. Sweeney II on 6/10/2022. (Attachments: #1 Blank Motion for Assistance Recruiting Counsel Form) (TPS)
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Filing 12
ORDER DIRECTING PRISONER PAYMENT from Prison Account of BRYON E. GORDON. The plaintiff's request to proceed in forma pauperis was granted through the assessment of an initial partial filing fee. That sum has been paid. However, plaintiff is still obligated to pay the remainder of the three hundred and fifty dollars ($350.00) filing fee. Plaintiff's custodian is directed to withhold sums from the inmate trust account of BRYON E. GORDON, 967354, and to forward such sums to the Clerk of this Court. As of the issuance of this Order, the balance of the filing fee still due in this case is $337.22. See Order. Copy to Warden via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 6/10/2022.(KAA)
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| Filing 11 Correspondence REQUESTING COPY of Case Docket Sheet, filed by BRYON E. GORDON. (Attachments: #1 Public Docket Sheet, #2 Envelope) (TPS) |
| Filing 10 MOTION to Amend Settlement, filed by Plaintiff BRYON E. GORDON. (Attachments: #1 Envelope)(AAS) |
| Filing 9 RECEIPT #29 for partial filing fee in the amount of $12.78, paid by BRYON GORDON. (JSR) |
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Filing 8
ORDER - The plaintiff's motions to proceed in forma pauperis, dkt. #3 and dkt. #4 , are granted to the extent that the plaintiff is assessed an initial partial filing fee of $12.78. The plaintiff shall have through June 6, 2022, in which to pay this sum to the clerk of the district court. The plaintiff is informed that after the initial partial filing fee is paid, he will be obligated to make monthly payments of 20 percent of the preceding month's income each month that the amount in his account exceeds $10.00, until the full filing fee of $350.00 is paid. Signed by Judge James R. Sweeney II on 5/2/2022. (TPS)
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| Filing 7 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. (MEH) |
| Filing 6 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (TPS) |
| Filing 5 MOTION to Appoint Counsel, filed by Plaintiff BRYON E. GORDON. (TPS) |
| Filing 4 Second MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff BRYON E. GORDON. (Attachments: #1 Exhibit)(TPS) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff BRYON E. GORDON. (TPS) |
| Filing 2 COMPLAINT against AUSTIN T. EHRIE, D. ZATECKY, filed by BRYON E. GORDON. (No fee paid with this filing) (Attachments: #1 Exhibit)(TPS) |
| Filing 1 CONSENT to Prisoner E-Service by BRYON E. GORDON located at PUTNAMVILLE CF. Pursuant to General Order 2013-1, documents submitted by BRYON E. GORDON 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. (TPS) |
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