United States District Court, S.D. Indiana, Indianapolis Division
ENTRY ON PLAINTIFF'S MOTION TO FILE AN AMENDED
COMPLAINT, SEVERING MISJOINED ACTION, SCREENING AMENDED
COMPLAINT, DIRECTING ISSUANCE AND SERVICE OF PROCESS, AND
DENYING MOTION TO SUBPOENA AND MOTION TO APPOINT
WALTON PRATT, JUDGE
matter is before the Court on several pending motions and
other related matters.
Court will address the matters below.
Motion for Leave to File Amended Complaint
September 19, 2017, motion for leave to file an amended
complaint, dkt. , is denied as moot. In
the Court's Entry of September 16, 2017, plaintiff was
granted leave to file an amended complaint. The clerk
is directed to modify the docket to reflect that
docket entry 22 is an amended complaint. This is the
Severance of Misjoined Claim
amended complaint presents two misjoined claims. The first is
an Eighth Amendment cruel and unusual punishment claim
against Officer Criss Donald for injuries sustained to
plaintiff's hand on June 12, 2017. The second is an
Eighth Amendment deliberate indifference to serious medical
needs claim against RN Katherine James and LPN Loretta for
failing to send plaintiff to an outside emergency room for
treatment of his hand injuries and for failing to treat his
hand injury pain. This claim also arose on June 12, 2017. In
George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007),
the Court of Appeals explained that “[u]nrelated claims
against different defendants belong in different
suits.” See also Fed.R.Civ.P. 21. This action
will concern the first presented claim against Officer Criss
Donald. The claims against RN Katherine James and LPN Loretta
will be severed into a separate action.
clerk is directed to open a new action in the
Indianapolis Division as follows:
a. Lance Howard shall be the plaintiff.
b. The Nature of Suit shall be 555.
c. The Cause of Action of each of the newly opened actions
shall be 42:1983pr.
d. The amended complaint in this action, dkt. , shall be
filed and re-docketed as the complaint in the new action.
Howard's request to proceed in forma pauperis,
dkt. , shall likewise be re-docketed in the new action.
e. A copy of this Entry shall be docketed in the new action.
f. The defendants in the new action shall be RN Katherine