Pierce v. Neal et al
| Mr Ronald J Pierce |
| Superintendent Ron Neal, Jane Doe or John Doe, C Dustin, J Lyttle and Ron Neal |
| PENDLETON CF E-FILE (Court Use Only) |
| 3:2018cv00868 |
| October 23, 2018 |
| US District Court for the Northern District of Indiana |
| Jon E DeGuilio |
| Michael G Gotsch |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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Filing 9
ORDER The court DENIES the request for counsel (ECF #4 ) andDIRECTS the clerk to send Ronald J. Pierce ten (10) copies of the screening order (ECF #6 ). Signed by Magistrate Judge Michael G Gotsch, Sr on 12/18/2018. (Copy mailed as directed in Order)(sct)
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| Filing 8 Summons Issued as to Ron Neal. cc: USMS(lpw) |
| Filing 7 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Warden Ron Neal. Waiver of Service due by 12/5/2018. (Attachments: #1 Complaint, #2 Screening Order) (mlc) (Additional attachment(s) added on 11/6/2018: #3 Complaint, #4 Screening Order) (mlc). |
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Filing 6
OPINION AND ORDER re #2 Pro Se Complaint, GRANTS Ronald J. Pierce leave to proceed against Warden Ron Neal for the sole purpose of conducting discovery to identify the unnamed officer that failed to protect Pierce when he failed to take reasonable measures to ensure Pierces safety after Offender Williams broke free from his restraints, leading to an altercation with Pierceon July 22, 2018, in violation of the Eighth Amendment; DIRECTS the clerk and the United States Marshals Service to issue and serve process on Warden Ron Neal at the Indiana Department of Correction with a copy of this order and the complaint (ECF 2), pursuant to 28 U.S.C. 1915(d); WAIVES Warden Ron Neals obligation to file an answer to the complaint; ORDERS Ron Neal to appear and respond to discovery for the sole purpose of identifying the unknown officer who allegedly failed to pursue Williams following his escape from restraints on July 22, 2018, resulting in an altercation between Pierce and Offender Williams, in violation of the Eighth Amendment; ORDERS that any discovery by Ronald J. Pierce regarding the identity of the unnamed officer be initiated by December 14, 2018, and completed by January 14, 2019; DISMISSES all other claims; DISMISSES C. Dustin and J. Lyttle; and ORDERS Ronald J. Pierce to file an amended complaint naming the correctional officer that failed to pursue Offender Williams on July 22, 2018. Party C Dustin (Internal Investigator, in his individual and official capacity) and J Lyttle (Appeal Review Officer, in his individual and official capacity) terminated. Signed by Judge Jon E DeGuilio on 11/5/18. (mlc) Modified on 11/6/2018 to correct typo (nae).
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Filing 5
ORDER granting #3 Motion for Leave to Proceed in forma pauperis. The Court WAIVES the initial partial filing fee, ORDERS the plaintiff, Ronald J. Pierce, IDOC #903145, 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 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 theplaintiff is housed until the filing fee has been paid in full. Signed by Judge Jon E DeGuilio on 10/29/18. (Copy mailed as directed in Order). (nal)
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| Filing 4 Verified MOTION for Appointment of Counsel by Plaintiff Ronald J Pierce. (jld) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Ronald J Pierce. (jld) |
| Filing 2 PRO SE COMPLAINT with 9 copies of summons forms and 4 copies of USM-285 forms against Jane Doe or John Doe, C Dustin, J Lyttle, Ron Neal, filed by Ronald J Pierce. (Attachments: #1 Proposed Summons & USM-285s)(jld) |
| Filing 1 Consent to Receipt of Documents Through Prisoner Electronic Filing Program by Ronald J Pierce (jld) |
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