Horner v. Starke County Sheriff
Plaintiff: Tracey Horner
Defendant: Starke County Sheriff
Case Number: 3:2018cv00625
Filed: August 16, 2018
Court: US District Court for the Northern District of Indiana
Office: South Bend Office
County: Starke
Presiding Judge: Jon E DeGuilio
Referring Judge: Michael G Gotsch
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on September 20, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 20, 2018 Opinion or Order Filing 14 STATUS REPORT ORDER: Defense counsel and the unrepresented plaintiff are ORDERED to separately prepare and file brief status reports by 10/31/2018. Signed by Magistrate Judge Michael G Gotsch, Sr on 9/20/18. (Copy mailed to pro se party)(ksp)
September 20, 2018 Filing 13 ANSWER to Complaint and Affirmative Defenses by Starke County Sheriff.(Baron, Lisa)
September 6, 2018 Filing 12 AFFIDAVIT of Bill Dulin by Starke County Sheriff. (Attachments: #1 Exhibit 1)(Baron, Lisa)
September 6, 2018 Filing 11 AFFIDAVIT of Kathy Lasage by Starke County Sheriff. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Baron, Lisa)
September 6, 2018 Reset Deadlines: Starke County Sheriff Answer due date reset to 9/20/2018 pursuant to DE #6 Summons Returned Executed. (nae)
September 5, 2018 Filing 10 WAIVER OF SERVICE Returned Executed by Starke County Sheriff. Starke County Sheriff waiver sent on 8/24/2018, answer due 10/23/2018. (Baron, Lisa)
September 5, 2018 Filing 9 NOTICE of Appearance by Katlyn M Christman on behalf of Starke County Sheriff (Christman, Katlyn)
September 5, 2018 Filing 8 NOTICE of Appearance by Elizabeth A Knight on behalf of Starke County Sheriff (Knight, Elizabeth)
September 5, 2018 Filing 7 NOTICE of Appearance by Lisa A Baron on behalf of Starke County Sheriff (Baron, Lisa)
August 31, 2018 Filing 6 SUMMONS Returned Executed by USMS on behalf of Tracey Horner. Starke County Sheriff served on 8/30/2018, answer due 9/20/2018. (nae) Modified on 9/6/2018 to correct dates (nae).
August 29, 2018 Filing 5 Summons Issued as to Starke County Sheriff. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail.(cc: USMS) (nae)
August 24, 2018 Filing 4 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Starke County Sheriff. (Copy mailed as directed in Order) Waiver of Service due by 9/24/2018. (nae)
August 24, 2018 Opinion or Order Filing 3 ORDER: GRANTS the plaintiff leave to proceed in forma pauperis; WAIVES the initial partial filing fee; ORDERS the plaintiff, Tracey Horner, IDOC # Unknown, Starke Jail #116467, to pay (and the facility having custody of him to automatically remit) to the clerk of this court 20% of the money he receives for each calendar month during which she receives $10.00 or more, 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 Jon E DeGuilio on 8/24/2018. (Copy mailed to pro se party and Sheriff)(nae)
August 24, 2018 Opinion or Order Filing 2 OPINION AND ORDER: GRANTS Tracey Horner leave to proceed against the Starke County Sheriff in an official capacity for injunctive relief to obtain medical treatment for her heart and lung problems as required by the constitution; DISMISSES all other claims; DIRECTS the clerk to fax or email a copy of this order to the Starke County Sheriff along with Notice of Lawsuit AO 398 (Rev. 1/09) (INND Rev. 8/16) and Waiver of Service AO 399 (Rev. 1/09) (INND Rev. 8/16) forms; DIRECTS the United States Marshals Service to PERSONALLY SERVE the Starke County Sheriff by August 31, 2018, with a copy of this order and the complaint ECF #1 as required by 28 U.S.C. 1915(d), if the Starke County Sheriff has not waived service; ORDERS, pursuant to 42 U.S.C. 1997e(g)(2), the Starke County Sheriff to file an affidavit or declaration (with supporting medical records and reports from medical staff and others as necessary) by September 6, 2018, explaining Tracey Horners medical condition, prognosis, and treatment; and ORDERS, pursuant to 42 U.S.C. 1997e(g)(2), the Starke County Sheriff to respond, as provided for in the Federal Rules of Civil Procedure and N.D. Ind. L.R. 10- 1(b), only to the claim for which the plaintiff has been granted leave to proceed in this screening order. Signed by Judge Jon E DeGuilio on 8/24/2018. (Copy mailed as directed in Order)(nae)
August 24, 2018 Set Deadlines: Deficiency to be cured by 8/31/2018, Response to be filed by 9/6/2018 (nae)
August 16, 2018 Filing 1 PRO SE COMPLAINT with 0 copies of summons forms and 0 copies of USM-285 forms against Starke County Sheriff, filed by Tracey Horner. (Attachments: #1 Exhibit, #2 Envelope) (No IFP or filing fee submitted)(Returned file-stamped copy)(rmc)

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Plaintiff: Tracey Horner
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Defendant: Starke County Sheriff
Represented By: Lisa A Baron
Represented By: Elizabeth A Knight
Represented By: Katlyn M Christman
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