Bartole v. Goldsmith
| Marcus T. Bartole |
| Bob Goldsmith |
| 2:2023cv00407 |
| November 27, 2023 |
| US District Court for the Northern District of Indiana |
| Andrew P Rodovich |
| Philip P Simon |
| 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 January 17, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| ***Waiver Deadlines terminated. (nhc) |
| Filing 10 WAIVER OF SERVICE Returned Executed by Bob Goldsmith. Bob Goldsmith waiver sent on 1/8/2024, answer due 3/8/2024. (Masson, Douglas) |
| Filing 9 NOTICE of Appearance by Douglas J Masson on behalf of Bob Goldsmith (Masson, Douglas) |
| Filing 8 MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Marcus T. Bartole. (Attachment: #1 Envelope). (nhc) |
| Filing 6 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Sheriff Bob Goldsmith. Waiver of Service due by 2/1/2024. (cc: Tippecanoe County Jail)(ash) |
Filing 7
ORDER: The Court GRANTS the plaintiff leave to proceed in forma pauperis #4 ; WAIVES the initial partial filing fee; ORDERS the plaintiff, Marcus T. Bartole, Tippecanoe County Jail # 653445, 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 12/28/2023. (Copy mailed to pro se party and Tippecanoe County Jail)(ash)
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Filing 5
ORDER: The Court DENIES the motion to proceed as a class action #3 ; DENIES the motion for counsel #2 ; GRANTS Marcus T. Bartole leave to proceed on a claim for money damages against Sheriff Bob Goldsmith in his official capacity for maintaining a policy or custom of holding detainees in excess of forty-eight hours without a probable cause hearing that resulted in a violation of his rights under the Fourth Amendment; 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) the Sheriff Bob Goldsmith at the Tippecanoe County Jail along with a copy of this order and the 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 12/28/2023. (Copy mailed to pro se party)(ash)
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| Filing 4 MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Marcus T. Bartole. (Attachment: #1 Envelope). (nal) |
| Filing 3 Plaintiffs' MOTION for Determination of Maintanence of Riverside Claim as a Class Action, by Plaintiff Marcus T. Bartole. (Attachments: #1 Envelope)(shk) |
| Filing 2 MOTION to Recruit Counsel, by Plaintiff Marcus T. Bartole. (*Copy made as clear as possible) (Attachments: #1 Envelope)(shk) |
| Filing 1 PRO SE COMPLAINT with Complaint - Class Action Riverside Complaint against Bob Goldsmith, filed by Marcus T. Bartole. (Attachments: #1 Exhibit 1 - Complaint Class Action Riverside Complaint, #2 Affidavit Marcus Bartole, #3 Affidavit Marcus Bartole, #4 Affidavit Luis Vega, #5 Exhibit titled 8-11, #6 Envelope, #7 Probable Cause Affidavit in Tippecanoe Court) (shk). (**Documents made as dark as possible) (shk) (No Summons or IFP Form received). Copy of docket sheet mailed to pro se pltf. |
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| Plaintiff: Marcus T. Bartole | |
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| Defendant: Bob Goldsmith | |
| Represented By: | Douglas J Masson |
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