GRIMES v. CLAY COUNTY JAIL OFFICER NO. 1181

1
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
TERRE HAUTE DIVISION
WILLIAM R. GRIMES, 	)
)
Plaintiff, 	)
)
v. 	) 	No. 2:25-cv-00165-JPH-MJD
)
CLAY COUNTY JAIL OFFICER NO. 1181, 	)
)
Defendant. 	)
)
)
BRISON SWEARINGEN, 	)
)
Interested Party. 	)
ORDER DIRECTING FURTHER PROCEEDINGS
Plaintiff William Grimes is a prisoner currently incarcerated at Indiana
State Prison. He filed this civil action pursuant to 42 U.S.C. § 1983, alleging that
the defendants subjected him to unconstitutional conditions of confinement
while he was incarcerated at Clay County Jail. Dkt. 1. The Court issued a
screening order on July 23, 2025, dismissing Mr. Grimes's claims against an
unnamed Clay County Jail officer. Dkt. 19. In doing so, the Court added the
Sheriff of Clay County Jail as an "interested party" and instructed Mr. Grimes to
serve limited discovery to the Sheriff to learn the name of the officer. Id.; see
Billman v. Ind. Dep't of Corr., 56 F.3d 785, 790 (7th Cir.1995) ("because [the
plaintiff] is a prisoner he may not be in a position to identify the proper
defendants, or all of them, in his complaint . . . [w]e think it is the duty of the
district 	court 	to 	assist 	him, 	within 	reason, 	to 	make 	the 	necessary
investigation.")).
Case 2:25-cv-00165-JPH-MJD Document 33 Filed 01/26/26 Page 1 of 3 PageID #:
<pageID>

2
Mr. Grimes then notified the Court that he was unable to serve discovery
on the Sheriff and amend his complaint. See dkts. 24, 26. On September 9, 2025,
the Court reissued process to the Sheriff and directed the Sheriff to respond to
Mr. Grimes's discovery request. Dkt. 27. In doing so, the Court stated that "[o]nce
the Sheriff appears in this case, he shall have twenty-eight days to respond to
Mr. Grimes's discovery request. If Mr. Grimes wishes to serve any further
discovery on the Sheriff, he shall have fourteen days after the Sheriff appears to
do so. Mr. Grimes will have 60 days after the Sheriff appears to file an amended
complaint." Id.
The Sheriff appeared in this action by counsel on October 8, 2025. Dkt.
30. The deadline to file an amended complaint has since passed and Mr. Grimes
has not done so or otherwise responded. Mr. Grimes shall have until February
23, 2026 to file an amended complaint that corrects the deficiencies identified
in the Court's screening order. Failure to do so in the time provided will result
in the dismissal of this action without prejudice for the reasons specified
in the Court's screening order without further warning or opportunity to
show cause.
SO ORDERED.
Date: 1/26/2026
Case 2:25-cv-00165-JPH-MJD Document 33 Filed 01/26/26 Page 2 of 3 PageID #:
<pageID>

3
Distribution:
WILLIAM R. GRIMES
249489
INDIANA STATE PRISON
INDIANA STATE PRISON
Inmate Mail/Parcels
One Park Row
MICHIGAN CITY, IN 46360
Liberty L. Roberts
CHURCH CHURCH HITTLE & ANTRIM (Noblesville)
lroberts@cchalaw.com
Case 2:25-cv-00165-JPH-MJD Document 33 Filed 01/26/26 Page 3 of 3 PageID #:
<pageID>