STREEVAL v. DOE

Filing 5

ORDER granting 4 Motion for Leave to Proceed in forma pauperis, Discussing Complaint and Directing Further Proceedings. Signed by Judge Tanya Walton Pratt on 12/24/2017 (dist made) (CBU)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
JEREMY STREEVAL,

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Plaintiff,
v.
JOHN DOE,
Defendant.

No. 1:17-cv-04507-TWP-MJD

Entry Granting Motion to Proceed in forma pauperis,
Discussing Complaint, and Directing Further Proceedings
I.
The plaintiff’s motion to proceed in forma pauperis, dkt. [4], is granted. The assessment
of an initial partial filing fee is not feasible at this time.
II.
The plaintiff’s complaint is now subject to the screening requirement of 28 U.S.C.
§ 1915(e)(2)(B). This statute provides that a court shall dismiss a case at any time if the court
determines that the action (i) is frivolous or malicious; (ii) fails to state a claim on which relief
may be granted; or (iii) seeks monetary relief against a defendant who is immune from such
relief.
The plaintiff alleges that members of the Columbus Police Department “Swat Team”
exercised excessive force against him. But claims against all unknown John Doe defendants must
be dismissed for failure to state a claim upon which relief can be granted because “it is
pointless to include [an] anonymous defendant in federal court; this type of placeholder does

not open the door to relation back under Fed.R.Civ.P. 15, nor can it otherwise help the plaintiff.”
Wudtke v. Davel, 128 F.3d 1057, 1060 (7th Cir. 1997) (internal citations omitted).
The plaintiff will be permitted a period of time in which to conduct discovery to learn the
identity of the police officers who are properly identified as defendants in this action. This shall
proceed as follows: Process will issue to Chief Jonathan Rohde, in his official capacity only, for
the purpose of permitting him to appear in the action and respond to discovery regarding the
identity of police officers who could be properly named as defendants in this action. The clerk
shall add Chief Rohde as an interested party and is designated, pursuant to Fed. R. Civ. P.
4(c)(3), to issue and serve process on Chief Rohde in the manner specified by Fed. R. Civ. P.
4(d)(1). Process in this case shall consist of the complaint, applicable forms and this Entry.
Chief Rohde need not answer the allegations of the complaint, but simply needs to appear in the
action. Once Chief Rohde appears in the action, the plaintiff shall have 45 calendar days in
which to serve discovery on Chief Rohde. Any such discovery shall be limited in scope to
ascertaining the identity of any person who could actually be liable to the plaintiff for the
violation of his federally secured rights he alleges. The plaintiff shall have 60 calendar days after
Chief Rohde appears in the action in which to file an amended complaint, which will completely
replace the original complaint.
The amended complaint, if filed, must conform to the following guidelines: (a) the
amended complaint shall comply with the requirement of Rule 8(a)(2) of the Federal Rules of
Civil Procedure that pleadings contain “a short and plain statement of the claim showing that the
pleader is entitled to relief. . . . ,” which is sufficient to provide the defendant with “fair notice”
of the claim and its basis. Erickson v. Pardus, 551 U.S. 89, 93 (2007) (per curiam) (citing Bell
Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007) and quoting Fed. R. Civ. P. 8(a)(2)); (b) the

amended complaint must include a demand for the relief sought; (c) the amended complaint must
identify what legal injury they claim to have suffered and what persons are responsible for each
such legal injury; and (d) the amended complaint must include the case number referenced in the
caption of this Entry. The plaintiff is further notified that “[u]nrelated claims against different
defendants belong in different suits.” George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007). If the
plaintiff fails to file an amended complaint, this action will be subject to dismissal for failure to
state a claim upon which relief can be granted.
IT IS SO ORDERED.

Date: 12/28/2017

Distribution:
Jeremy Streeval
211 N. Kyle Street
Edinburgh, IN 46124
Chief Jonathan Rohde
Columbus Police Department
123 Washington Street
Columbus, IN 46124