Fry v. Indiana Dept. of Correction, No. 52A02-0802-CV-172.

Docket NºNo. 52A02-0802-CV-172.
Citation893 N.E.2d 1089
Case DateSeptember 24, 2008
CourtCourt of Appeals of Indiana
893 N.E.2d 1089
Dwight G. FRY, Appellant-Defendant,
INDIANA DEPARTMENT OF CORRECTION, et al., Prison Health Services Of Indiana, LLC., et al., Appellees-Plaintiffs.
No. 52A02-0802-CV-172.
Court of Appeals of Indiana.
September 24, 2008.

Dwight G. Fry, Bunker Hill, IN, pro se.

Stephen R. Carter, Attorney General of Indiana, Elizabeth Rogers, Deputy Attorney General, Paul O. Mullin, Roger Kanne, Indianapolis, IN, Attorneys for Appellees.


HOFFMAN, Senior Judge.


Plaintiff-Appellant Dwight G. Fry ("Fry") appeals from the trial court's order entering a default judgment in favor of Defendant-Appellee Indiana Department of Correction ("DOC").

We dismiss this appeal.

893 N.E.2d 1090

Although Fry raises an issue for our review, we find the following issue to be dispositive: whether Fry's appeal should be dismissed because he failed to comply with the Indiana Rules of Appellate Procedure.


On May 3, 2007, Fry filed a 42 U.S.C. § 1983 complaint against the DOC and Prison Health Services of Indiana for injuries he allegedly sustained while he was incarcerated. On July 7, 2007, Fry served the DOC with interrogatories, and filed a motion for the issuance of a subpoena on the DOC for logbook entries, witness lists, and copies of records and/or reports about staff providing adequate medical care. The DOC filed a motion to quash the subpoena on the basis that it was unreasonable. The DOC argued that the documents sought by the subpoena could compromise and endanger guards, staff, and visitors among others. The trial court granted the DOC's motion.

The DOC served interrogatories on Fry. Fry returned the interrogatories, claiming that they did not provide adequate space for him to answer, and they did not relate to his claims. Fry served a copy on the trial court, ultimately file stamped July 26, 2007. The DOC re-served Fry with the interrogatories, and wrote to Fry explaining that the interrogatories provided a reasonable amount of space for an answer and that the interrogatories were provided to Fry in diskette form for reformatting, if necessary. The trial court issued an order 1) warning Fry to refrain from further attempts to involve the trial court in the discovery process; and 2) putting Fry on notice that he could be found in contempt or be subject to sanctions for such behavior.

The DOC served Fry with its response to Fry's request for admissions to Charles McCord. In its response, the DOC objected to several of the questions as confusing. Fry served the DOC with a second request for admissions, apparently attempting to correct the confusion noted by the DOC. The DOC responded to Fry's second request for admissions to Charles McCord.

Fry later served the DOC with a letter regarding a discovery issue and served a copy of the letter on the trial court. The trial court's copy was file stamped September 12, 2007. In the letter, Fry expressed his displeasure about DOC re-typing the request for admission and answers rather than serving the request and answers in their original handwritten format.

On October 5, 2007, the DOC filed a motion for a protective order because, as of the date of the DOC's motion, Fry had served ten different sets of discovery on the DOC. Fry replied by filing a motion in opposition to the DOC's motion for a protective order. The trial court granted the DOC's motion and ordered that future discovery by Fry should be limited to three questions. The trial court issued a new order again warning Fry against attempting to engage the trial court in the discovery process. That order warned that the trial court would entertain any proposed sanctions if Fry continued to disregard the discovery rules.

On January 10, 2008, the DOC filed a motion for judgment by default alleging that Fry...

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