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17-2639 - DAVIS v. PLAINFIELD CORRECTIONAL FACILITY


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17-2639 - DAVIS v. PLAINFIELD CORRECTIONAL FACILITY
November 16, 2017
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ENTRY Dismissing Complaint and Directing Further Proceedings - Plainfield Correctional Facility is not a suable entity under § 1983 and therefore any claims against it must be dismissed. Based on the foregoing, the plaintiff shall have through December 8, 2017, in which to file an amended complaint. If an amended complaint is filed, it will be screened. If no amended complaint is filed, the action will be dismissed pursuant to 28 U.S.C. § 1915A(b). See entry for details. Signed by Judge Sarah Evans Barker on 11/16/2017. (MEJ)
November 30, 2017
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y. The clerk is directed to update the docket to reflect that R. Gaskins is the only defendant in this action. Signed by Judge Sarah Evans Barker on 11/30/2017. Copy Mailed.(CKM) (Main Document 17 replaced on 12/5/2017) (CKM).ENTRY - Screening Amended Complaint and Directing Further Proceedings; The plaintiff's claims against the unknown female correctional officer must be dismissed.The plaintiff's claims against Warden Stanley Knight are dismissed. The plaintiff's allegations against R. Gaskin, however, are sufficient to state an Eighth Amendment claim against him. This claim shall therefore proceed. The clerk is designated pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendant R. Gaskin in the manner specified by Fed. R. Civ. P. 4(d). Process shall consist of the Amended Complaint (docket 16), applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entr
March 26, 2018
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ENTRY - DIRECTING SERVICE AND DIRECTING FURTHER PROCEEDINGS; The Court will permit Mr. Davis a limited period of time in which to conduct discovery to learn the identity of the female officer described in the amended complaint. Process will issue to Warden Stanley Knight, in his official capacity only, for the purpose of permitting him to appear in the action and respond to discovery regarding the identity of the female officer described in the amended complaint and this entry. The clerk is therefore designated pursuant to Federal Rule of Civil Procedure 4(c)(3) to issue process to Warden Knight in the manner specified by Federal Rule of Civil Procedure 4(d). Process shall consist of the amended complaint (dkt. 16), the entry screening the amended complaint (dkt. 17), applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this entry. These proceedings are necessary to fulfill the Court's duty to assist Mr. Davis in identifying the proper defendant. Signed by Judge Sarah Evans Barker on 3/26/2018. Copy Mailed. (CKM)