MAMON v. CRAIG et al

Filing 42

Entry Denying Plaintiff's Motion to Add a New Party and Granting Plaintiff's Motion for Time - **SEE ENTRY FOR DETAILS**. Copy Mailed. Signed by Judge Tanya Walton Pratt on 6/2/2015. (MGG)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION KEVIN J. MAMON, Plaintiff, vs. ANDY CRAIG, VICKI MOORE, MICHAEL SHEPHERD, HANCOCK COUNTY SHERIFF’S DEPARTMENT, Defendants. ) ) ) ) ) ) ) ) ) ) ) Case No. 1:14-cv-00428-TWP-DML Entry Denying Plaintiff’s Motion to Add a New Party and Granting Plaintiff’s Motion for Time The court, having considered the above action and the matters which are pending, makes the following rulings: 1. The plaintiff’s motion to add Jordan Conley as a defendant [dkt. 37] is denied. The reason for this ruling is that the time to file an amended pleading, see dkt. 16, passed on July 29, 2014, nearly nine months prior to the filing of this motion. The plaintiff argues that he was unable to previously identify Conley and that he only learned that Conley allegedly enabled the July 23, 2012, assault on the plaintiff by other inmates after reviewing the defendants’ motion for summary judgment. This argument is without merit because this Court’s records reflect that the plaintiff named Jordan Conley as a defendant in two prior civil actions: Mamon v. Shepherd, et al., No. 1:13-cv-00345-JMS-DML (alleging that all defendants violated his right to personal security related to a July 23, 2012, attack) and Mamon v. Garrity, et al., No. 1:13-cv-001740 WTL-TAB. In addition, the defendants report that they provided the plaintiff with documents which reflect Jordan Conley’s post-incident knowledge of the July 23, 2012, fight prior to the deadline to amend. Under these circumstances there is no reason to extend the deadline to add new parties to this civil action. 2. The plaintiff’s motion for an extension of time to file his cross motion for summary judgment [dkt. 39] is granted to the extent that the cross motion filed on May 26, 2015, is considered timely filed. IT IS SO ORDERED. Date: 6/2/2015 Distribution: KEVIN J. MAMON DOC 190764 INDIANA STATE PRISON Inmate Mail/Parcels One Park Row MICHIGAN CITY, IN 46360 All Electronically Registered Counsel

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