MERCADO v. COLUMBUS POLICE DEPARTMENT et al

Filing 9

Entry Assessing Initial Partial Filing Fee, Discussing Amended Complaint, and Directing Service of Process - The plaintiff's motion to proceed in forma pauperis, [dkt. 8 ] is granted. The plaintiff is assessed an initial partial filing fee of Six Dollars and Twenty-Three Cents ($6.23). He shall have through May 18, 2017, in which to pay this sum to the clerk of the district court. Failure to do so may result in the dismissal of the action for failure to prosecute. He seeks compensatory damages. This claim may proceed against both defendants. The clerk is designated pursuant to Fed. R. Civ. P. 4(c) to issue process to Officer Drake Maddix and Officer Nolting in the manner specified by Rule 4(d). Process shall consis t of the amended complaint filed on April 20, 2017 (docket 7), applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry. The clerk shall update the docket to reflect the dismissal of the Columbus Police Department and Mayor Leinhoop as defendants. (See Entry.) Copy to Plaintiff and Defendant via U.S. Mail. Signed by Judge Tanya Walton Pratt on 4/26/2017. (JLS)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
ANGELITO C. MERCADO,
Plaintiff,
vs.
COLUMBUS POLICE DEPARTMENT,
JAMES LEINHOOP MAYOR,
Defendants.

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No. 1:17-cv-00918-TWP-MPB

Entry Assessing Initial Partial Filing Fee, Discussing Amended Complaint,
and Directing Service of Process
I. In Forma Pauperis
The plaintiff=s motion to proceed in forma pauperis, [dkt. 8] is granted. The plaintiff is
assessed an initial partial filing fee of Six Dollars and Twenty-Three Cents ($6.23). He shall have
through May 18, 2017, in which to pay this sum to the clerk of the district court. Failure to do so
may result in the dismissal of the action for failure to prosecute.
II. Screening
Because Plaintiff is an Indiana prisoner and he is proceeding in forma pauperis, the
amended complaint is subject to the screening requirement of 28 U.S.C. § 1915A(b). 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 plaintiff, Angelito Mercado (“Mr. Mercado”), filed this civil rights action pursuant to
42 U.S.C. § 1983. He is incarcerated at the Bartholomew County Jail. In his amended complaint

filed on April 20, 2017, Mr. Mercado alleges that Officer Drake Maddix and Officer Nolting of
the Columbus Police Department arrested him on November 1, 2016, and took him to a local
hospital where they ordered a nurse to draw his blood, against his wishes. Plaintiff was asked for
his consent for the blood draw and he refused. He brings a claim of an unlawful, warrantless
search, which falls within the scope of the Fourth Amendment to the United States Constitution.
He seeks compensatory damages. This claim may proceed against both defendants.
III. Service of Process
The clerk is designated pursuant to Fed. R. Civ. P. 4(c) to issue process to Officer Drake
Maddix and Officer Nolting in the manner specified by Rule 4(d). Process shall consist of the
amended complaint filed on April 20, 2017 (docket 7), applicable forms (Notice of Lawsuit and
Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry.
IV. Other Matters
The clerk shall update the docket to reflect the dismissal of the Columbus Police
Department and Mayor Leinhoop as defendants.

Date: 4/26/2017

NOTE TO CLERK: PROCESSING THIS DOCUMENT REQUIRES ACTIONS IN ADDITION TO DOCKETING AND DISTRIBUTION.

Distribution:
ANGELITO C. MERCADO
Bartholomew County Jail
543 2nd Street
Columbus, IN 47201
Officer Drake Maddix
c/o Columbus Police Department
123 Washington Street
Columbus, IN 47201
Officer Nolting
c/o Columbus Police Department
123 Washington Street
Columbus, IN 47201