Alexander v. Grzegorek et al
| Michael Derrick Alexander |
| Deputy Martin, Jail Adm. Timothy Decker, John Doe, Deputy Juan Mail Room, Warden Julie Lawson, Sheriff Michael D Grzegorek, Asst. Warden Steven Richmond, Sgt. Olmstead, Davor Tozan, Timothy P. Decker, Jonathan Mauck, Sheriffs Department, Ryan Gardner, Rosie Staatz, Tyler Holcomb, Phil Rachels, Wesley Leach, Sheriff Redman, Joshua Stachowiak, Jason Wisenwski, Michael Steinhoffer, Rod Chappell, Joshua Vories, Ronald Thornton, Michael Grzegorek, Deputy Huan, Steven Richmond, Julie Lawson, Luke Davis, Ben Wilkey, Joseph Miller and Daniel Martin |
| 3:2019cv00174 |
| March 13, 2019 |
| US District Court for the Northern District of Indiana |
| Jon E DeGuilio |
| Michael G Gotsch |
| Prisoner: Civil Rights |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on October 1, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 52 Mail Returned from Michael Derrick Alexander as Undeliverable, out to court - #49 Order Dismissing Case, #50 Clerks Judgment. (shk) |
| Filing 51 PROOF OF SERVICE as to #49 Order and #50 Clerks Judgment. (nal) |
| Filing 50 CLERK'S ENTRY OF JUDGMENT (copy mailed to pro se party certified mail receipt 7099 3400 0003 4516 3477). (shk) |
Filing 49
ORDER DISMISSING CASE. Case is DISMISSED pursuant to Federal Rule of Civil Procedure 41(b). Signed by Judge Jon E DeGuilio on 9/16/2019. (Copy mailed to pro se party certified mail receipt 7099 3400 0003 4516 3477)(shk)
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| Filing 48 Mail Returned from Michael Derrick Alexander as Insufficient Address - #45 Order to Show Cause. (shk) |
| Filing 47 Mail Returned from Michael Derrick Alexander as Undeliverable - #42 Status Report Order. (jat) |
| Filing 46 Mail Returned from Michael Derrick Alexander as Undeliverable - #21 Order on Motion for Summary Judgment. (rmf) |
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Filing 45
ORDER: Plaintiff is ORDERED to SHOW CAUSE by September 10, 2019, why this case should not be dismissed pursuant to Federal Rule of Civil Procedure. He is CAUTIONED if he does not respond by the deadline, this case may be dismissed without further notice. Signed by Magistrate Judge Michael G Gotsch, Sr on 8/16/2019. (Copy mailed to pro se party) (shk)
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| Filing 43 STATUS REPORT by Rod Chappell, Luke Davis, Ryan Gardner, Tyler Holcomb, Wesley Leach, Daniel Martin, Jonathan Mauck, Joseph Miller, Phil Rachels, Rosie Staatz, Joshua Stachowiak, Michael Steinhoffer, Ronald Thornton, Davor Tozan, Joshua Vories, Ben Wilkey, Jason Wisenwski. (Nemeth, Stephanie) |
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Filing 42
STATUS REPORT ORDER: Pursuant to Fed. R. Civ. P. 16(b)(1)(B) and N.D. Ind. L.R. 16-1(b), defense counsel and unrepresented plaintiff are ORDERED to separately prepare and file brief status reports by 09/16/2019. Signed by Magistrate Judge Michael G Gotsch, Sr on 08/13/2019. (Copy mailed to pro se party) (jat)
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| Filing 44 Mail Returned from Michael Derrick Alexander as Undeliverable - #18 Order. (Marked Released, Return to Sender) (jld) |
| Filing 41 ANSWER to #16 Amended Complaint, by Rod Chappell, Luke Davis, Ryan Gardner, Tyler Holcomb, Wesley Leach, Daniel Martin, Jonathan Mauck, Joseph Miller, Phil Rachels, Rosie Staatz, Joshua Stachowiak, Michael Steinhoffer, Ronald Thornton, Davor Tozan, Joshua Vories, Ben Wilkey, Jason Wisenwski.(Nemeth, Stephanie) |
| Filing 40 WAIVER OF SERVICE Returned Executed by Jason Wisenwski. Jason Wisenwski waiver sent on 7/24/2019, answer due 9/23/2019. (Agostino, Peter) |
| Filing 39 WAIVER OF SERVICE Returned Executed by Ben Wilkey. Ben Wilkey waiver sent on 7/24/2019, answer due 9/23/2019. (Agostino, Peter) |
| Filing 38 WAIVER OF SERVICE Returned Executed by Joshua Vories. Joshua Vories waiver sent on 7/24/2019, answer due 9/23/2019. (Agostino, Peter) |
| Filing 37 WAIVER OF SERVICE Returned Executed by Davor Tozan. Davor Tozan waiver sent on 7/24/2019, answer due 9/23/2019. (Agostino, Peter) |
| Filing 36 WAIVER OF SERVICE Returned Executed by Ronald Thornton. Ronald Thornton waiver sent on 7/24/2019, answer due 9/23/2019. (Agostino, Peter) |
| Filing 35 WAIVER OF SERVICE Returned Executed by Michael Steinhoffer. Michael Steinhoffer waiver sent on 7/24/2019, answer due 9/23/2019. (Agostino, Peter) |
| Filing 34 WAIVER OF SERVICE Returned Executed by Joshua Stachowiak. Joshua Stachowiak waiver sent on 7/24/2019, answer due 9/23/2019. (Agostino, Peter) |
| Filing 33 WAIVER OF SERVICE Returned Executed by Rosie Staatz. Rosie Staatz waiver sent on 7/24/2019, answer due 9/23/2019. (Agostino, Peter) |
| Filing 32 WAIVER OF SERVICE Returned Executed by Phil Rachels. Phil Rachels waiver sent on 7/24/2019, answer due 9/23/2019. (Agostino, Peter) |
| Filing 31 WAIVER OF SERVICE Returned Executed by Joseph Miller. Joseph Miller waiver sent on 7/24/2019, answer due 9/23/2019. (Agostino, Peter) |
| Filing 30 WAIVER OF SERVICE Returned Executed by Jonathan Mauck. Jonathan Mauck waiver sent on 7/24/2019, answer due 9/23/2019. (Agostino, Peter) |
| Filing 29 WAIVER OF SERVICE Returned Executed by Daniel Martin. Daniel Martin waiver sent on 7/24/2019, answer due 9/23/2019. (Agostino, Peter) |
| Filing 28 WAIVER OF SERVICE Returned Executed by Wesley Leach. Wesley Leach waiver sent on 7/24/2019, answer due 9/23/2019. (Agostino, Peter) |
| Filing 27 WAIVER OF SERVICE Returned Executed by Tyler Holcomb. Tyler Holcomb waiver sent on 7/24/2019, answer due 9/23/2019. (Agostino, Peter) |
| Filing 26 WAIVER OF SERVICE Returned Executed by Ryan Gardner. Ryan Gardner waiver sent on 7/24/2019, answer due 9/23/2019. (Agostino, Peter) |
| Filing 25 WAIVER OF SERVICE Returned Executed by Luke Davis. Luke Davis waiver sent on 7/24/2019, answer due 9/23/2019. (Agostino, Peter) |
| Filing 24 WAIVER OF SERVICE Returned Executed by Rod Chappell. Rod Chappell waiver sent on 7/24/2019, answer due 9/23/2019. (Agostino, Peter) |
| Filing 23 NOTICE of Appearance by Peter J Agostino on behalf of Rod Chappell, Luke Davis, Ryan Gardner, Tyler Holcomb, Wesley Leach, Daniel Martin, Jonathan Mauck, Joseph Miller, Phil Rachels, Rosie Staatz, Joshua Stachowiak, Michael Steinhoffer, Ronald Thornton, Davor Tozan, Joshua Vories, Ben Wilkey, Jason Wisenwski (Agostino, Peter) |
| Filing 22 NOTICE of Appearance by Stephanie L Nemeth on behalf of Rod Chappell, Luke Davis, Ryan Gardner, Tyler Holcomb, Wesley Leach, Daniel Martin, Jonathan Mauck, Joseph Miller, Phil Rachels, Rosie Staatz, Joshua Stachowiak, Michael Steinhoffer, Ronald Thornton, Davor Tozan, Joshua Vories, Ben Wilkey, Jason Wisenwski (Nemeth, Stephanie) |
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Filing 21
ORDER denying #20 Motion for Summary Judgment. Signed by Judge Jon E DeGuilio on 8/1/19. (Copy mailed to pro se party). (nal)
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| Filing 20 MOTION for Summary Judgment by Plaintiff Michael Derrick Alexander. (jld) (Additional attachment(s) added on 8/1/2019: #1 Corrected Main Document) (nae). |
| Filing 19 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Jason Wisenwski, Michael Steinhoffer, Wesley Leach, Davor Tozan, Luke Davis, Daniel Martin, Ronald Thornton, Jonathan Mauck, Tyler Holcomb, Joseph Miller, Phil Rachels, Rosie Staatz, Joshua Vories, Ryan Gardner, Rod Chappell, Ben Wilkey, and Joshua Stachowiak. (Copy mailed as directed in Order) Waiver of Service due by 8/23/2019. (Attachments: #1 Order, #2 Amended Complaint) (nae) |
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Filing 18
ORDER re #16 Amended Complaint, filed by Michael Derrick Alexander: GRANTS Michael Derrick Alexander leave to proceed against Jason Wisenwski, Michael Steinhoffer, Wesley Leach, Davor Tozan, Luke Davis, Daniel Martin, Ronald Thornton, and Jonathan Mauck for using excessive force while booking him into the St. Joseph County Jail on December 29, 2017, in violation of the Fourteenth Amendment; GRANTS Michael Derrick Alexander leave to proceed against Jason Wisenwski, Michael Steinhoffer, Wesley Leach, Davor Tozan, Luke Davis, Daniel Martin, Ronald Thornton, Jonathan Mauck, Tyler Holcomb, Joseph Miller, Phil Rachels, Rosie Staatz, Joshua Vories, Ryan Gardner, Rod Chappell, Ben Wilkey, and Joshua Stachowiak for denying him medical treatment for eleven hours beginning on December 29, 2017, in violation of the Fourteenth Amendment;DISMISSES all other claims; DISMISSES Sheriffs Department and Sheriff Redman; DIRECTS the clerk and the United States Marshals Service, as required by 28U.S.C. 1915(d), to issue and serve process with a copy of this order and the Amended Complaint (ECF #16 ) on Jason Wisenwski, Michael Steinhoffer, Wesley Leach, Davor Tozan, Luke Davis, Daniel Martin, Ronald Thornton, Jonathan Mauck, Tyler Holcomb, Joseph Miller, Phil Rachels, Rosie Staatz, Joshua Vories, Ryan Gardner, Rod Chappell, Ben Wilkey, and Joshua Stachowiak at the St. Joseph County Sheriffs Department; and ORDERS, pursuant to 42 U.S.C. 1997e(g)(2), Jason Wisenwski, Michael Steinhoffer, Wesley Leach, Davor Tozan, Luke Davis, Daniel Martin, Ronald Thornton, Jonathan Mauck, Tyler Holcomb, Joseph Miller, Phil Rachels, Rosie Staatz, Joshua Vories, Ryan Gardner, Rod Chappell, Ben Wilkey, and Joshua Stachowiak to 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 7/22/2019. Party Sheriff Redman and Sheriffs Department terminated.(Copy mailed as directed in Order)(nae)
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| Filing 17 Letter from Michael Alexander requesting documents (nae) |
| Filing 16 AMENDED COMPLAINT against Michael Grzegorek, Sheriffs Department, Sheriff Redman, Jason Wisenwski, Michael Steinhoffer, Wesley Leach, Davor Tozan, Luke David, Daniel Martin, Ronald Thornton, Jonathan Mauck, Tyler Holcomb, Joseph Miller, Phil Rachels, Rosie Staatz, Joshua Vories, Ryan Gardner, Rod Chappell, Ben Wilkey, filed by Michael Derrick Alexander. (Attachments: #1 Proposed Summons, #2 Blank proposed subpoenas, #3 Envelope)(nae) |
| ***Amended Pleadings Deadline terminated. (nae) |
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Filing 15
ORDER: The Plaintiff's request for additional time to file an amended complaint (ECF 13) is GRANTED. The deadline is ENLARGED to 6/28/2019. He is CAUTIONED that, if he does not respond by the deadline, this case may be dismissed without further notice. Signed by Magistrate Judge Michael G Gotsch, Sr on 5/20/19. (Copy mailed to pro se party)(ksp)
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| Filing 14 NOTICE of Change of Address by Michael Derrick Alexander from South Bend Re-Entry Center to Westville Correctional Facility pursuant to DE #13 letter (nae) |
| Filing 13 Letter from Michael Alexander re: information about names of officers and request for extension of time to amend complaint. (nae) |
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Filing 12
ORDER: DENYING #8 Receipt of Motion to Set Trial; DENYING #9 Receipt of Motion to Enter Evidence, and DENYING #10 Receipt of Motion to Deny Removal. Michael Derrick Alexander is REMINDED he has until 5/23/2019 to file an amended complaint and is CAUTIONED that if he does not respond by the deadline this case will be dismissed without further notice. Signed by Judge Jon E DeGuilio on 4/15/19. (Copy mailed to pro se party)(jld)
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| Filing 11 Letter from Michael Alexander re: notice of removal (nae) |
| Filing 10 RECEIPT of Motion to Deny Removal, sent to St Joseph County Superior Court, forwarded to District Court, from Michael Derrick Alexander. (nae) |
| Filing 9 RECEIPT of Motion to Enter Evidence, sent to St Joseph County Superior Court, forwarded to District Court, from Michael Derrick Alexander. (nae) |
| Filing 8 RECEIPT of Motion to Set a Trial Date sent to St Joseph County Superior Court, forwarded to District Court, from Michael Derrick Alexander. (nae) |
| Filing 7 RECEIPT of letter sent to St Joseph County Superior Court, forwarded to District Court, from Michael Derrick Alexander. (Attachments: #1 Proposed Summons)(nae) (Additional attachment(s) added on 4/12/2019: #2 Envelope) (nae). |
| Filing 6 REPORT by Michael Grzegorek to Court. (Nemeth, Stephanie) |
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Filing 5
ORDER: The Court ORDERS Sheriff Michael Grzegorek in his official capacity to file a report by 4/18/19 identifying (to the greatest extent possible) the names of the unknown officers described in the complaint who were working in the booking and padded cell areas of the St. Joseph County Jail from December 29, 2017, 10:00 pm to December 30,2017, 10:30 am., ORDERS, pursuant to 42 U.S.C. 1997e(g)(2), Sheriff Michael Grzegorek to NOT file an answer to the complaint, DISMISSES Julie Lawson, Steven Richmond, Timothy P. Decker, Sgt.Olmstead, John Doe, Deputy Martin, and Deputy Huan, DIRECTS the clerk to place this cause number on a Prisoner Complaint (INND Rev. 8/16) form and send it to Michael Derrick Alexander, GRANTS Michael Derrick Alexander until 5/23/19 to file an amended complaint on that form naming his defendant(s) and including every claim he is presenting in this case and CAUTIONS Michael Derrick Alexander if he does not respond by the deadline, this case will be dismissed without further notice pursuant to 28 U.S.C. 1915A because the current complaint does not state a claim. Signed by Judge Jon E DeGuilio on 3/15/19. (Copy mailed as directed in Order). (nal) Modified on 3/18/2019 to correct typo(nae).
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| Judge Jon E DeGuilio and Magistrate Judge Michael G Gotsch, Sr added. NEW CASE. (nal) |
| Filing 3 NOTICE of Appearance by Stephanie L Nemeth on behalf of Timothy Decker, Michael D Grzegorek, Julie Lawson, Juan Mail Room, Martin, Sgt. Olmstead, Steven Richmond (Nemeth, Stephanie) |
| Filing 2 NOTICE of Appearance by Peter J Agostino on behalf of Timothy Decker, Michael D Grzegorek, Julie Lawson, Juan Mail Room, Martin, Sgt. Olmstead, Steven Richmond (Agostino, Peter) |
| Filing 1 NOTICE OF REMOVAL (Filing fee $ 400 receipt number 0755-3834681.) from St. Joseph Superior, Cause No. 71D04-1812-CT-000577, filed by Sgt. Olmstead, Julie Lawson, John Doe, Juan Mail Room, Michael D Grzegorek, Martin, Steven Richmond, Timothy Decker. (Attachments: #1 Exhibit All State Court Filings, #2 Civil Cover Sheet Civil Cover Sheet)(Agostino, Peter) |
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