Davis v. Sevier et al
| Sonny Davis |
| Mark Sevier and John Salyer |
| 3:2018cv00727 |
| September 4, 2018 |
| US District Court for the Northern District of Indiana |
| Michael G Gotsch |
| Robert L Miller |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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| Filing 13 NOTICE of Appearance by David A Arthur on behalf of John Salyer, Mark Sevier (Arthur, David) |
| Filing 12 WAIVER OF SERVICE Returned Executed by John Salyer. John Salyer waiver sent on 9/12/2018, answer due 11/13/2018. (Hancock, Marley) |
| Filing 11 WAIVER OF SERVICE Returned Executed by Mark Sevier. Mark Sevier waiver sent on 9/12/2018, answer due 11/13/2018. (Hancock, Marley) |
| Filing 10 NOTICE of Appearance by Marley G Hancock on behalf of John Salyer, Mark Sevier (Hancock, Marley) |
| Filing 9 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Warden Mark Sevier, Unit Team Manager John Salyer. (Copy mailed as directed in Order) Waiver of Service due by 10/12/2018. (Attachments: #1 Order, #2 Complaint) (lhc) |
Filing 8
ORDER: The Court GRANTS Sonny Davis leave to proceed against Warden Mark Sevier in his individual capacity for compensatory and punitive damages for removing Mr. Davis's property from his cell on April 10, 2018, in retaliation for filing lawsuits, in violation of the First Amendment; GRANTS leave to proceed against Warden Mark Sevier and Unit Team Manager John Salyer in their individual capacities for compensatory and punitive damages for denying Mr. Davis his prayer mat, prayer hat, prayer beads, and Quran without a legitimate reason between April 10, 2018, and July 31, 2018, in violation of the First Amendment; DISMISSES all other claims; DIRECTS the clerk and the USMS to issue and serve process on Warden Mark Sevier and Unit Team Manager John Salyer at the Indiana Department of Correction with a copy of this order and complaint as required by 28:1915(d); and ORDERS, pursuant to 42:1997e(g)(2), Warden Mark Sevier and Unit Team Manager John Salyer to respond, as provided for in the FRCP and N.D. Ind. L.R. 10-1(b), only to the claims for which the plaintiff has been granted leave to proceed in this screening order. Signed by Judge Robert L Miller, Jr on 9/11/2018. (Copy mailed to pro se party)(lhc)
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Filing 7
ORDER: The Court GRANTS the plaintiff leave to proceed in forma pauperis #2 ; WAIVES the initial partial filing fee; ORDERS the plaintiff, Sonny Davis, IDOC # 128888, to pay (and the facility having custody of him to automatically remit) 20% of the money he receives for each calendar month during which he 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 Robert L Miller, Jr on 9/11/2018. (Copy mailed to pro se party and Warden)(lhc)
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| Filing 6 Case transferred in from District of Indiana Southern; Case Number 2:18-cv-00378. Original file and docket sheet received. (Sent docket sheet to Davis with Northern District case number) |
| Filing 5 Transfer Letter to Clerk of the Northern District of Indiana, at South Bend. Case transferred electronically to Northern District of Indiana, at South Bend, on August 30, 2018. (DWH) [Transferred from Indiana Southern on 9/4/2018.] |
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Filing 4
CLOSED ORDER TRANSFERRING ACTION TO THE NORTHERN DISTRICT OF INDIANA, SOUTH BEND DIVISION - Based on the foregoing, this action is transferred to the United States District Court for the Northern District of Indiana, at South Bend. The pending motion to proceed in forma pauperis in this case remain pending for disposition by the Northern District of Indiana. The clerk is directed to terminate the pending (SEE ORDER FOR ADDITIONAL INFORMATION) motions on this docket. Signed by Judge William T. Lawrence on 8/30/2018. Copy to Plaintiff via US Mail. (DWH) [Transferred from Indiana Southern on 9/4/2018.]
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| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (HET) [Transferred from Indiana Southern on 9/4/2018.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff SONNY DAVIS. (Attachments: #1 Exhibit Financial Documents)(HET) [Transferred from Indiana Southern on 9/4/2018.] Modified on 9/4/2018 Motion pending (nae). |
| Filing 1 COMPLAINT against JOHN SALYER, MARK SEVIER, filed by SONNY DAVIS. (No fee paid with this filing) (HET) [Transferred from Indiana Southern on 9/4/2018.] |
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