Magee v. Johnson et al
| David Magee, Jr |
| Wanda Johnson, Eric J Foss, Warden Lawson, Nurse Lynn and Lynn Henkle |
| 3:2018cv00966 |
| November 29, 2018 |
| US District Court for the Northern District of Indiana |
| Michael G Gotsch |
| Philip P Simon |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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| Document Text |
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| ***Waiver of Service Deadline terminated. (nal) |
| Filing 13 NOTICE of Appearance by Stephanie L Nemeth on behalf of Warden Lawson (Nemeth, Stephanie) |
| Filing 12 WAIVER OF SERVICE Returned Executed by Warden Lawson. Warden Lawson waiver sent on 1/10/2019, answer due 3/11/2019. (Agostino, Peter) |
| Filing 11 NOTICE of Appearance by Peter J Agostino on behalf of Warden Lawson (Agostino, Peter) |
| Filing 10 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Warden Lawson. (Copy mailed as directed in Order) Waiver of Service due by 2/6/2019. (Attachments: #1 Order, #2 Complaint) (sct) |
Filing 9
OPINION AND ORDER: GRANTS David Magee, Jr., leave to proceed against Warden Lawson in her individual capacity for denying him a medically prescribed diet for his kidney problems from September 2018 to November 2018 in violation of the Fourteenth Amendment. DISMISSES all other claims. DISMISSES Wanda Johnson, Eric J. Foss, and Lynn Henkle. DIRECTS the clerk and the United States Marshals Service, as required by 28 U.S.C. 1915(d), to issue and serve process with a copy of this order and the amended complaint (ECF #8 ) on Warden Lawson at the Saint Joseph County Jail. ORDERS, pursuant to 42 U.S.C. 1997e(g)(2), Warden Lawson 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 Philip P Simon on 1/07/2019. (Copy mailed as directed in Order)(sct)
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| Filing 8 AMENDED COMPLAINT against Eric J Foss, Wanda Johnson, Warden Lawson, Lynn Henkle, filed by David Magee, Jr.(mlc) |
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Filing 7
ORDER GRANTING #5 Motion for Extension of Time to File Amended Complaint; DENYING #6 Motion to Compel. Any amendments to the pleadings to be filed by 2/11/2019. Plaintiff is REMINDED that if he does not respond by the deadline, this case will be DISMISSED without further notice because the current complaint does not state a claim. Signed by Magistrate Judge Michael G Gotsch, Sr on 12/20/18. (Copy mailed to pro se party)(ksp)
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| Filing 6 MOTION to Compel by Plaintiff David Magee, Jr. (nae) |
| Filing 5 MOTION for Extension by Plaintiff David Magee, Jr. (Attachments: #1 Envelope)(nae) |
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Filing 4
OPINION AND ORDER DIRECTING the clerk to place this cause number on a blank Prisoner Complaint (INND Rev. 8/16) form and send it to David Magee, Jr.; GRANTS David Magee, Jr., until January 10, 2019, to file an amended complaint on that form; and CAUTIONS David Magee, Jr., if he does not respond by the deadline, this case will be DISMISSED without further notice because the current complaint does not state a claim. Signed by Judge Philip P Simon on 12/5/18. (Copy mailed to pro se party w/blank complaint)(mlc)
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Filing 3
ORDER GRANTS the plaintiff leave to proceed in forma pauperis (ECF #2 ). WAIVES the initial partial filing fee. ORDERS the plaintiff, David Magee, Jr., IDOC # 905929, St. Joseph Jail # 23639, to pay (and the facility having custody of him to automatically remit) to the clerk 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. 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 12/04/2018. (Copy mailed as directed in Order)(sct)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff David Magee, Jr. (nae) |
| Filing 1 PRO SE COMPLAINT with 4 copies of summons forms and 4 copies of USM-285 forms and with Jury Demand against Eric J Foss, Wanda Johnson, Warden Lawson, Nurse Lynn, filed by David Magee, Jr. (Returned file stamped copy with case number to Magee) (Attachments: #1 Exhibits, #2 Proposed Summons, #3 USM 285 forms, #4 Envelope)(nae) |
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