Bartole v. Tippecanoe County et al
| Marcus T. Bartole |
| Tippecanoe County, Bob Goldsmith, Sarah Wyatt, Karey Morgan, Julie Roush and Director of the Indiana administration office of the Court |
| 2:2023cv00007 |
| January 9, 2023 |
| US District Court for the Northern District of Indiana |
| Joshua P Kolar |
| Philip P Simon |
| Theresa L Springmann |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on March 2, 2023. A more recent docket listing may be available from PACER.
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Filing 12
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Sheriff Bob Goldsmith. Waiver of Service due by 4/3/2023. (Attachments: #1 Order, #2 Amended Complaint) (cc: Sheriff Bob Goldsmith at Tippecanoe County Jail)(ash)
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Filing 11
AMENDED PRO SE COMPLAINT against Director of the Indiana administration office of the Court, Bob Goldsmith, Karey Morgan, Julie Roush, Tippecanoe County, Sarah Wyatt, filed by Marcus T. Bartole.(ash) (Additional attachment(s) added on 3/2/2023: #1 Corrected main document) (ash).
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Filing 10
OPINION AND ORDER: The Court DENIES #5 motion to reconsider; DIRECTS the Clerk to docket pages 4 through 17 of ECF #5 as an Amended Complaint; DENIES #3 the motion to appoint counsel; DENIES #6 the motion for a preliminary injunction' DENIES as MOOT #8 the motion to extend; GRANTS Marcus T. Bartole leave to proceed on an injunctive relief claim against Sheriff Bob Goldsmith in his official capacity to obtain the cell conditions and diet to which he is entitled under the Fourteenth Amendment; GRANTS Marcus T. Bartole leave to proceed on an injunctive relief claim against Sheriff Bob Goldsmith in his official capacity to prevent retaliation by jail staff in violation of his First Amendment rights; DISMISSES Tippecanoe County, Sarah Wyatt, Karey Morgan, Julie Roush, and Director of the Indiana Administration Office of the Court; DISMISSES all other claims; DIRECTS the clerk to request a Waiver of Service from (and if necessary, the United States Marshals Service to use any lawful means to locate and serve process on) Sheriff Bob Goldsmith at the Tippecanoe County Jail, and provide him with a copy of this order and the amended complaint pursuant to 28 U.S.C. 1915(d); and ORDERS, under 42 U.S.C. 1997e(g)(2), Sheriff Bob Goldsmith to respond, as provided in the Federal Rules of Civil Procedure and N.D. Ind. L.R. 10-1(b), only to the claims for which Marcus T. Bartole has been granted leave to proceed in this screening order. Signed by Judge Philip P Simon on 3/2/2023. (Copy mailed to pro se party)(ash)
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Filing 9
ORDER: The Court GRANTS the plaintiff leave to proceed in forma pauperis; WAIVES the initial partial filing fee; ORDERS the plaintiff, Marcus T. Bartole, Tippecanoe County Jail # 653445, IDOC # UNKNOWN to pay (and the facility having custody to automatically remit) to the clerk 20% of the money received for each calendar month during which $10.00 or more is received, until the $350.00 filing fee is paid in full; DIRECTS the clerk to create a ledger for receipt of these funds; and DIRECTS the clerk to send a copy of this order to each facility where the plaintiff is housed until the filing fee has been paid in full. Signed by Judge Philip P Simon on 3/2/2023. (Copy mailed to pro se party and Tippecanoe County Jail)(ash)
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Filing 8
USCS Fed Rules Civ Proc R6 (b)(1)(A) Motion to extend time by Plaintiff Marcus T. Bartole. (Attachment: #1 Envelope). (nhc)
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Filing 7
ORDER: The Court DIRECTS the Clerk of Court to reassign this matter to another Article III Judge in accordance with the Local Rules. Judge Judge Theresa L Springmann recused. Case reassigned to Judge Philip P Simon for all further proceedings Signed by Judge Theresa L Springmann on 2/21/2023. (Copy mailed to pro se party)(shk)
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Filing 6
MOTION for Preliminary Injunction , MOTION for Temporary Restraining Order titled as Temporary restraining order (Fed.R.civ.P.65(b)(2) Preliminary Injunction Fed R. civ. P.65(b)(1)(A) Motion/brief by Plaintiff Marcus T. Bartole. (Attachments: #1 Envelope). (nhc)
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Filing 5
MOTION for Reconsideration re #4 Order by Plaintiff Marcus T. Bartole. (Attachments: #1 Envelope) (rmf)
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Filing 4
ORDER: The Court DENIES without prejudice and with leave to refile the motion to proceed In Forma Pauperis #2 ; DIRECTS the clerk to place this cause number on a blank Pro Se 14 (INND Rev. 2/20) Prisoner Complaint form and a blank Prisoner Motion to Proceed In Forma Pauperis AO 240 (Rev. 7/10) (INND Rev. 8/16) form and send them to Marcus T. Bartole; Permits the Plaintiff until 2/24/2023, to respond to this Order by submitting a complaint on the Courts approved form and resolving his filing fee status as outlined above; and Cautions the Plaintiff if he does not respond by the deadline, this case may be dismissed without further notice. Signed by Judge Theresa L Springmann on 1/18/23. (Copy mailed as directed in Order). (nhc)
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Filing 3
MOTION to Appoint Counsel titled as 1915(e)(1) Motion/Brief by Plaintiff Marcus T. Bartole. (nhc)
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Filing 2
1915 Proceedings in Forma Pauperis Motion/Affidavit by Plaintiff Marcus T. Bartole. (nhc)
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Filing 1
PRO SE COMPLAINT against Bob Goldsmith, Tippecanoe County, Sarah Wyatt, filed by Marcus T. Bartole. (Attachment: #1 Envelope). (File stamped copy with case number sent to Bartole). (nhc)
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