ARNOLD v. GATES et al

Filing 84

ENTRY ON PENDING MOTIONS - Defendant Gates has not yet filed an answer or appeared. He is in default. The clerk is directed to enter a default on the docket as to defendant Gates. The motion for default judgment, dkt. 75 , is denied. The plaintiff 's motion to depose all defendants, dkt. 77 , is denied as unnecessary. The plaintiff does not need leave of the Court to depose the defendants. The plaintiff's motion for subpoena, dkt. 78 , is granted. The clerk is instructed to include five (5) blank but endorsed subpoenas along with the plaintiff's copy of this entry. The plaintiff's motion for subpoena duces tucem, dkt. 79 , is denied as this time. The plaintiff is directed to Federal Rules of Civil Procedure Rule 34, a copy of which is attached to this document. If the plaintiff is unable to obtain the discoverable documents necessary to litigate this case through Rule 34, he should inform the Court. The plaintiff's motion to appoint counsel, dkt. 83 , is granted pursuant to the Entry found at docket 80 . Signed by Judge Tanya Walton Pratt on 11/21/2017. (Copy mailed to Plaintiff) (MEJ) Modified on 11/21/2017 to remove blank attachments (MEJ). (Additional attachment(s) added on 11/21/2017: # 1 Federal Rules of Civil Procedure: 34) (MEJ).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
KEANDRE ARNOLD,
Plaintiff,
vs.
D. GATES, LAWRENCE PITTS,
SGT. HITION,
Defendants.

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) Case No. 1:16-cv-2992-TWP-DML
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Entry on Pending Motions

1.

The plaintiff has filed a motion for default judgment against defendant D. Gates.

The Court will not enter judgment against defendant Gates at this time. However, defendant Gates
is in default for the following reasons: Defendant Gates was personally served by the United States
Marshal in this action on August 29, 2017. See dkt. 60. The Court also sent an entry and notice to
defendant Gates on October 10, 2017, notifying him that he was required to appear in this action
and file an answer or other responsive pleading to the complaint. See dkt. 66.
Defendant Gates has not yet filed an answer or appeared. He is in default. The clerk is
directed to enter a default on the docket as to defendant Gates. The motion for default judgment,
dkt. [75], is denied.
2.

The plaintiff’s motion to depose all defendants, dkt. [77], is denied as unnecessary.

The plaintiff does not need leave of the Court to depose the defendants.
3.

The plaintiff’s motion for subpoena, dkt. [78], is granted. The clerk is instructed

to include five (5) blank but endorsed subpoenas along with the plaintiff’s copy of this entry.
4.

The plaintiff’s motion for subpoena duces tucem, dkt. [79], is denied as this time.

The plaintiff is directed to Federal Rules of Civil Procedure Rule 34, a copy of which is attached

to this document. If the plaintiff is unable to obtain the discoverable documents necessary to litigate
this case through Rule 34, he should inform the Court.
5.

The plaintiff’s motion to appoint counsel, dkt. [83], is granted pursuant to the Entry

found at docket 80.
IT IS SO ORDERED.
Date: 11/21/2017

Electronic distribution to counsel of record via CM/ECF and by U.S. mail to:
KEANDRE ARNOLD
201948
NEW CASTLE - CF
Psychiatric Unit
NEW CASTLE CORRECTIONAL FACILITY - Inmate Mail/Parcels
1000 Van Nuys Road
NEW CASTLE, IN 47362