TURNER v. DEMAREE
| DAVID KYLE TURNER |
| BRAD DEMAREE and JEFFERSON CO. SHERIFFS DEPT. |
| 4:2019cv00089 |
| April 30, 2019 |
| US District Court for the Southern District of Indiana |
| Debra McVicker Lynch |
| Tanya Walton Pratt |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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| Filing 8 NOTICE of Lawsuit & Request for Waiver of Service of Summons Issued by Clerk as to BRAD DEMAREE. (LBT) |
Filing 9
ORDER - NOTICE TO PRO SE LITIGANTS: The following information is provided to pro se litigants to inform them about rules and procedures governing how they communicate with the Court. Pro se litigants should read this Notice carefully before filing anything further with the Court. All litigants are expected to comply with the Federal Rules of Civil Procedure and this Court's Local Rules. Therefore, the rules and procedures contained in this Notice are not all of the rules pro se litigants must follow. *SEE ORDER FOR ADDITIONAL INFORMATION*. Signed by Judge Tanya Walton Pratt on 6/27/2019 (copy mailed to plaintiff).(LBT)
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Filing 7
ENTRY Screening Complaint and Directing Further Proceedings - All claims against the Jefferson County Sheriff Department are dismissed because the plaintiff does not assert that the alleged violations of his rights were the result of a widespread policy of practice, which is required to hold the Sheriff's Department liable. The plaintiff's claim that Sheriff Deputy Brad Demaree used excessive force against him and denied him medical treatment shall proceed. This summary of remaining claims includes all the viable claims identified by the Court. All other claims have been dismissed. If the plaintiff believes that additional claims were alleged in the complaint, but not identified by the Court, he shall have through July 29, 2019, in which to identify those claims. The clerk is directed pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendant Brad Demaree in the manner specified by Fed. R. Civ. P. 4(d). Process shall consist of the complaint (docket 1), applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Order. Because all claims against it have been dismissed, the clerk is directed to terminate Jefferson County Sheriff Department as a defendant in this action. See Entry for details. Signed by Judge Tanya Walton Pratt on 6/27/2019 (copy mailed to plaintiff).(LBT)
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| Filing 6 RECEIPT #IP065185 for initial partial filing fee in the amount of $38.05, paid by Plaintiff. (REO) |
| Filing 5 CONSENT to Jurisdiction to US Magistrate Judge, filed by DAVID KYLE TURNER. (Attachments: #1 Envelope)(SWM) |
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Filing 4
ORDER Granting In Forma Pauperis Status and Directing Clerk to Seal Motion - #2 Motion for Leave to Proceed in forma pauperis is GRANTED to the extent that the plaintiff is assessed an initial partial filing fee of Thirty-Eight Dollars and Five Cents ($38.05). See 28 U.S.C. 1915(b)(1). The plaintiff shall have through May 31, 2019, in which to pay this sum to the clerk of the district court. The plaintiff's motion for leave to proceed in forma pauperis contains the names of minor children which, by rule, should have been identified by their initials. The clerk is directed to seal this motion, dkt. #2 . See Order for details. Signed by Judge Tanya Walton Pratt on 5/1/2019 (copy mailed to plaintiff). (LBT)
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| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (HET) |
| Filing 2 **SEALED PER NO. 4** MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff DAVID KYLE TURNER. (Attachments: #1 Exhibit Account Activity Ledger, #2 Envelope)(HET) Modified on 5/1/2019 (LBT). |
| Filing 1 COMPLAINT against BRAD DEMAREE, JEFFERSON CO. SHERIFFS DEPT., filed by DAVID KYLE TURNER. (No fee paid with this filing) (Attachments: #1 Exhibit Probable Cause Affidavit, #2 Envelope)(HET) |
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