Matlock v. Porter et al
| Barry W Matlock and Barry Wade Matlock |
| Yancy, Critiren, Flake, Motts Hagen, Coyers, Franklin, Porter, Sevier, Collier, Gann, Yancey, Robert Carter, Jr, Flakes, Eric Holcomb, Basinger, Mark Sevier and Jessica Rain |
| WESTVILLE E-FILE(Court Use Only) |
| 3:2018cv01007 |
| December 13, 2018 |
| US District Court for the Northern District of Indiana |
| Jon E DeGuilio |
| Michael G Gotsch |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on December 2, 2019. A more recent docket listing may be available from PACER.
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Filing 22
ORDER: The Court DIRECTS the clerk to place this cause number on a blank Prisoner Complaint form and send it to the Barry W. Matlock, GRANTS the Barry W. Matlock to and including 3/22/19 to file a properly completed amended complaint containing all of his claims against all of the defendants he intends to sue and CAUTIONS Barry W. Matlock that if he fails to file an amended complaint by that date the case will proceed based on his amended complaint naming seven defendants ECF #21 and any defendants not named in the amended complaint will be dismissed. Signed by Judge Jon E DeGuilio on 2/7/19. (Copy mailed as directed in Order)(nal)
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| Filing 21 AMENDED COMPLAINT against Franklin, Mark Sevier, Eric Holcomb, Robert Carter, Jr, Basinger, Gann, Jessica Rain, filed by Barry W Matlock. (No summons or USM 285 forms received) (Attachments: #1 Exhibits)(nae) |
| Filing 19 NOTICE of Appearance by Destiny R S Wells on behalf of Collier, Franklin, Motts Hagen, Sevier, Yancey (Wells, Destiny) |
| Filing 18 WAIVER OF SERVICE Returned Executed by Yancey. Yancey waiver sent on 12/27/2018, answer due 2/25/2019. (Hancock, Marley) |
| Filing 17 WAIVER OF SERVICE Returned Executed by Sevier. Sevier waiver sent on 12/27/2018, answer due 2/25/2019. (Hancock, Marley) |
| Filing 16 WAIVER OF SERVICE Returned Executed by Motts Hagen. Motts Hagen waiver sent on 12/27/2018, answer due 2/25/2019. (Hancock, Marley) |
| Filing 15 WAIVER OF SERVICE Returned Executed by Franklin. Franklin waiver sent on 12/27/2018, answer due 2/25/2019. (Hancock, Marley) |
| Filing 14 WAIVER OF SERVICE Returned Executed by Collier. Collier waiver sent on 12/27/2018, answer due 2/25/2019. (Hancock, Marley) |
| Filing 13 NOTICE of Appearance by Marley G Hancock on behalf of Collier, Franklin, Motts Hagen, Sevier, Yancey (Hancock, Marley) |
| Filing 20 Initial Partial Filing fee: $ 15.88, receipt number 3021571 (nae) |
| Filing 12 AFFIDAVIT of Warden Mark Sevier by Sevier. (Attachments: #1 Exhibit A Offender Location History-Beds, #2 Exhibit B Incident Report Form dated 12-31-18, #3 Exhibit C Declaration of Jonathan Drubert, #4 Exhibit D IDOC Request for Interview dated 12-28-18, #5 Exhibit E Incident Report Form dated 4-19-18, #6 Exhibit F Offender Case Note dated 2-22-18, #7 Exhibit G Offender Case Note dated 3-9-18, #8 Exhibit H Offender Case Note dated 12-31-18, #9 Exhibit I Offender Case Note 1-15-19, #10 Exhibit J Medical & Mental Health Records dated 1-1-18 to 1-3-19, #11 Exhibit K Email from DeAngela Lewis, #12 Exhibit L1 Photograph of Room N-2e, #13 Exhibit L2 Photograph of Room N-2e, #14 Exhibit L3 Photogrpah of Correctional Officers Station, #15 Exhibit L4 Photograph of N-2e Hallway, #16 Exhibit L5 Photograph of N-2e offender dayroom)(Hancock, Marley) |
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Filing 11
ORDER GRANTING IN PART #10 MOTION for Extension of Time to File Answer to Plaintiff's Request for Injunctive Relief by Defendant Sevier. The deadline is extended to 1/17/2019. Signed by Magistrate Judge Michael G Gotsch, Sr on 1/9/2019. (lhc)
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| Filing 10 MOTION for Extension of Time to File Answer to Plaintiff's Request for Injunctive Relief by Defendant Sevier. (Hancock, Marley) |
| Filing 9 NOTICE of Appearance by Marley G Hancock on behalf of Sevier (Hancock, Marley) |
| Filing 8 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Sgt. Collier, Sgt. Flakes, Sgt. Yancy, Sgt. Mottshagen, Sgt. Franklin, Warden Sevier. (Copy mailed as directed in Order) Waiver of Service due by 1/28/2019. (Attachments: #1 Opinion and Order, #2 Complaint) (nae) |
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Filing 7
OPINION AND ORDER GRANTING Barry Wade Matlock leave to proceed against Sgt. Collier, Sgt. Flakes, Sgt. Yancy, Sgt. Mottshagen, and Sgt. Franklin in their official capacity for injunctive relief to cease retaliating against him for exercising his First Amendment rights; GRANTING Barry Wade Matlock leave to proceed against Warden Sevier in his official capacity for injunctive relief to provide adequate protection from members of the prison staff and Vice Lords that have threatened him, as required by the Eighth Amendment; DISMISSES all other claims pursuant to 28 U.S.C. 1915A; DISMISSES Sgt. Porter pursuant to 28 U.S.C. 1915A; DIRECTS the clerk and the United States Marshals Service to issue and serve process on Sgt. Collier, Sgt. Flakes, Sgt. Yancy, Sgt. Mottshagen, Sgt. Franklin, and Warden Sevier at the Indiana Department of Correction with a copy of this order and thecomplaint (ECF #4 ) as required by 28 U.S.C. 1915(d); ORDERS Warden Sevier to file an affidavit or declaration with the court by January 10, 2019, explaining how Barry Wade Matlock is being housed in order to comply with the Eighth Amendments requirements; and ORDERS, pursuant to 42 U.S.C. 1997e(g)(2), that Sgt. Collier, Sgt. Flakes, Sgt. Yancy, Sgt. Mottshagen, Sgt. Franklin, and Warden Sevier respond, as provided for in the Federal Rules of Civil Procedure 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 Jon E DeGuilio on 12/27/2018. Party Sevier added. Party Porter (Officer, Correctional Officer DOC) terminated. (Copy mailed as directed in Order)(nae)
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Filing 6
ORDER granting #5 Motion for Leave to Proceed in forma pauperis. The Court ORDERS the plaintiff, Barry W. Matlock, IDOC #144752, to immediately pay (and the facility having custody of him to automatically remit) $15.88 to the clerk of this court in payment of the initial partial filing fee, ORDERS the plaintiff 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 the plaintiff is housed until the filing fee has been paid in full. Signed by Judge Jon E DeGuilio on 12/27/18. (Copy mailed as directed in Order). (nal)
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| Filing 5 MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Barry W Matlock. (nae) |
| Filing 4 PRO SE COMPLAINT with 1 copies of summons forms and 1 copies of USM-285 forms against Franklin, Motts Hagen, Porter, Collier, Flakes, Yancey, filed by Barry W Matlock. (Attachments: #1 Proposed Summons and USM 285 form)(nae) |
| ***Amended Pleading Deadline terminated. (nae) |
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Filing 3
OPINION AND ORDER denying #2 Motion for Preliminary Injunction. The Court DIRECTS the clerk to place this cause number on a blank Prisoner Complaint form (INND Rev. 8/16) and a blank Prisoner In Forma Pauperis Motion, AO 240 (Rev.7/10) (INND Rev. 8/16) and send them to Barry W. Matlock, GRANTS Barry W. Matlock until 1/14/19 to file a complaint in this case, CAUTIONS Barry W. Matlock that if he does not respond by the deadline,this case will be dismissed without further notice. Signed by Judge Jon E DeGuilio on 12/17/18. (Copy mailed as directed in Order). (nal)
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| Filing 2 MOTION for Preliminary Injunction by Plaintiff Barry W Matlock. (No complaint or IFP received) (nae) |
| Filing 1 Consent to Receipt of Documents Through Prisoner Electronic Filing Program (Westville) by Barry W Matlock (nae) |
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