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16-090 - DAVIS v. CITY OF INDIANAPOLIS, et al


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16-090 - DAVIS v. CITY OF INDIANAPOLIS, et al
January 15, 2016
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ENTRY Discussing Pending Motions and Directing further proceedings. ORDER granting 4 Motion for Leave to Proceed in forma pauperis; denying as premature 6 Motion to Produce; denying as premature 7 Motion to Appoint Counsel. The plaintiff is assessed an initial partial filing fee of Twenty Six Dollars and Sixty Cents ($26.60). He shall have through February 3, 2016, in which to pay this sum to the clerk of the district court The complaint is now subject to the screening requirement of 28 U.S.C. ยง 1915A(b). Lagerstrom v. Kingston, 463 F.3d 621, 624 (7th Cir. 2006). This statute directs that the court dismiss a complaint or any claim within a complaint which "(1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant who is immune from such relief." Id. The court will direct the further development of any claim which is not dismissed on this basis. The parties will be notified when this determination has been made. Copy to Plaintiff via U.S. Mail. Signed by Judge Tanya Walton Pratt on 1/15/2016. (MAC)
January 28, 2016
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Entry Dismissing Complaint and Directing Further Proceedings - For the reasons explained below, the complaint must be dismissed because Davis has failed to identify any viable defendant. Davis shall have through February 29, 2016, in which to either file an amended complaint correcting the deficiencies noted above or to show cause why Judgment consistent with this Entry should not issue. See Luevano v. Wal-Mart Stores, Inc., 722 F.3d 1014, 1022 (7th Cir. 2013) ("Without at least an opportunity to amend or to respond to an order to show cause, an IFP applicant's case could be tossed out of court without giving the applicant any timely notice or opportunity to be heard to clarify, contest, or simply request leave to amend."). If an amended complaint is filed, it will be screened. If no amended complaint is filed, this action will be dismissed for the reasons set forth above. (See Order). Copy to Plaintiff via U.S. Mail. Signed by Judge Tanya Walton Pratt on 1/28/2016.(JLS)
July 22, 2016
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ENTRY SCREENING AMENDED COMPLAINT AND DIRECTING FURTHER PROCEEDINGS - The Clerk is directed to issue process on the City of Indianapolis, Officer Gallico, and the Estate of Perry Renn. The Clerk is directed, pursuant to Federal Rule of Civil Procedure 4(c)(3), to issue and serve process on the Defendants in the manner specified by Federal Rule of Civil Procedure 4(d)(1). Process shall consist of the Amended Complaint (Filing No. 25), applicable forms and this Entry. The following claims shall proceed: **See Order** Copy to Plaintiff and City of Indianapolis via U.S. Mail. Signed by Judge Tanya Walton Pratt on 7/22/2016.(JLS) Modified on 7/22/2016 (JLS). Modified on 7/22/2016 (JLS).
September 27, 2016
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Entry Discussing Motion to Stay and Directing Service of Process on the Estate of Officer Perry Renn - The motion to stay filed by defendants City of Indianapolis and Officer Nicholas Gallico [dkt. 31] is granted to the extent that the merits of the underlying action will not be developed until the murder charges now pending against plaintiff Major P. Davis, II, in the Marion Superior Count under Case Number 49G02-1407-MR-034656 are resolved. The parties' are directed to notify this Court when final judgment has been entered in the criminal case within 14 days of the date the criminal judgment is entered. The clerk is again designated, pursuant to Fed. R. Civ. P. 4(c)(3), to issue and serve process on the defendant Estate of Perry Renn in the manner specified by Fed. R. Civ. P. 4(d)(1). Process shall consist of the complaint, applicable forms and this Entry. If service cannot be achieved through waiver, the Marshal shall be ordered to effect service. Process shall be sent to the personal representative of the Estate and the attorney for the Estate. Given the on-going criminal proceeding this contact information shall remain under seal. **SEE ORDER** Copy to Plaintiff, Personal Representative and Attorney for the Estate of Perry Renn via U.S. Mail. Signed by Judge Tanya Walton Pratt on 9/27/2016. (JLS)
September 27, 2016
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JLS)Entry Discussing Motion to Reconsider - Accordingly, the false arrest claim was properly dismissed and the motion to reconsider [dkt 32] is denied. **SEE ORDER** Copy to Defendant via U.S. Mail. Signed by Judge Tanya Walton Pratt on 9/27/2016. (
October 13, 2016
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ENTRY STAYING ACTION PENDING RESOLUTION OF THE CRIMINAL ACTION - Counsel has now appeared for all parties in this action.1 Having achieved service to the extent possible, and consistent with the Entry of September 27, 2016, which granted the defendants' motion to stay, this action is now STAYED on the docket. This action will not be developed until the murder charges now pending against plaintiff Major P. Davis, II, in the Marion Superior Count titled State of Indiana v. Major Davis, Cause Number 49G02-1407-MR-034656, are resolved. The plaintiff's objections to this ruling [dkt. 43] are overruled. The parties' are directed to notify this Court when final judgment has been entered in the criminal case within 14 days of the date the criminal judgment is entered. The court will then reopen this action on the docket and direct further proceedings. **SEE ORDER** Copy to Plaintiff via U.S. Mail. Signed by Judge Tanya Walton Pratt on 10/13/2016. (JLS)
March 1, 2017
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CLOSED DISMISSED - Entry Concerning Selected Matters and Directing Clerk to Administratively Close Case. The motion to reconsider [dkt. 52] is granted. For the reasons explained in the Entry of October 13, 2016, this civil action will not be developed until the murder charges now pending against plaintiff Major P. Davis, II, in the Marion Superior Court under Case Number 49G02-1407- MR-034656 are resolved. The parties' are directed to notify this Court when final judgment has been entered in the criminal case within 14 days of the date the criminal judgment is entered. The clerk is directed to administratively close this action on the docket. The case will be reopened only after final judgment is entered in the criminal case. (See Entry.) Copy to Plaintiff via U.S. Mail. Signed by Judge Tanya Walton Pratt on 3/1/2017.(JLS)
May 26, 2017
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Entry on Defendants' Motion for Guidance - The Defendants' motion for guidance, (Filing No. 55), is granted to the extent that no further action is required by them at this time and further proceedings will be directed as necessary. The Clerk is directed to reopen this action on the docket. Davis shall have through June 20, 2017, in which to file a Second Amended Complaint which relies on factual allegations that are not inconsistent with his guilty plea, if such a filing is appropriate. Davis shall also have through June 20, 2017, in which to explain (show cause) how the filing of this action could be interpreted as anything other than frivolous or malicious. If no such filings are made or if Davis concedes that this action should not continue, the action will be dismissed. (See Entry.) Copy to Petitioner via U.S. Mail. Signed by Judge Tanya Walton Pratt on 5/26/2017. (JLS)