Lane v. Person
| David H Lane, Jr |
| Michael Person |
| WABASH VALLEY E-FILE (Court Use Only) |
| 3:2019cv00259 |
| April 1, 2019 |
| US District Court for the Northern District of Indiana |
| Michael G Gotsch |
| Robert L Miller |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Defendant |
Docket Report
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This docket was last retrieved on September 13, 2021. A more recent docket listing may be available from PACER.
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Filing 29
RESPONSE to Motion re #23 MOTION for Default Judgment as to Dr. Michael Person filed by Michael Person. (Esenwein, Jill)
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Filing 28
DEFENDANT'S ANSWER to Complaint , filed by Michael Person.(Esenwein, Jill)
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Filing 27
SUMMONS Returned Executed by USMS obo David H Lane, Jr. Michael Person served on 6/13/2019, answer due 7/5/2019. (rmc)
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Filing 26
NOTICE of Appearance by Jill E Esenwein on behalf of Michael Person (Esenwein, Jill)
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Filing 25
SUMMONS Returned Executed by Michael Person. David H Lane, Jr served on 6/14/2019, answer due 7/5/2019., WAIVER OF SERVICE Returned Executed by Michael Person. David H Lane, Jr waiver sent on 6/14/2019, answer due 7/5/2019. (Dillon, Carol)
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Filing 24
NOTICE of Appearance by Carol A Dillon on behalf of Michael Person (Dillon, Carol)
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Filing 23
MOTION to Grant Judgement by Default as to Dr. Michael Person by Plaintiff David H Lane, Jr. (Attachments: #1 Letter to Clerk, #2 Envelope)(nae)
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Filing 22
Mail Returned from David H Lane Jr as Undeliverable - #18 Order,,. (Copy previously sent to Pltf Lane at Wabash Valley Correctional Facility) (jld)
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Filing 21
Consent to Receipt of Documents Through Prisoner Electronic Filing Program (Wabash Valley) by David H Lane, Jr (nae)
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Filing 19
SUMMONS REISSUED as to Michael Person pursuant to DE #18 Order. NOTE: The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (sct)
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Filing 20
NOTICE of Change of Address by David H Lane, Jr from RDC to Wabash Valley Correctional Facility with letter regarding copies of screening order. (jld)
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Filing 18
ORDER DIRECTS the Clerk to prepare and deliver to the United States Marshals Service summons and USM-285 forms (with the address portion of the forms left blank) to serve Dr. Person. DIRECTS the United States Marshals Service for the Northern District of Indiana to use any lawful means to obtain the home address of Dr. Person and to serve him at that address. DIRECTS the United States Marshals Service to report what efforts were taken if service is unsuccessful. Signed by Magistrate Judge Michael G Gotsch, Sr on 5/28/2019. (Copy mailed as directed in the order and USM)(sct)
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Filing 17
Letter from David Lane re: never received (10) copies of screening order (Mail returned from LaPorte County Jail) Re-mailed order DE #10 and (10) copies of screening order DE #8 to RDC address (nae)
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Filing 16
Mail Returned from David H Lane Jr as Undeliverable - Released from Custody re #10 Order on Motion to Appoint Counsel. (ksp)
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Filing 15
NOTICE from LaPorte County Sheriff that Dr. Michael Person is no longer the doctor contracted with the facility. (nae)
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Filing 14
Letter from LaPorte County Sheriff's Office re: David Lane Jr. no longer in their custody, transferred to IDOC. (Attachments: #1 **entered in wrong case**Envelope) (nae) (Additional attachment(s) added on 5/8/2019: #2 Detailed Release Report) (nae).
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Filing 13
FINAL PAYMENT FROM PRISONER David H Lane, Jr. Letter sent to Warden of prison (RDC Plainfield). (nae)
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Filing 11
Filing fee paid in full: $ 350.00, receipt number 3022244 (jld)
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Filing 12
NOTICE of Change of Address by David H Lane, Jr from LaPorte County Jail to Plainfield Reception Diagnostic Center (nae)
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Filing 10
ORDER DENYING #3 Motion to Appoint Counsel and DIRECTS the clerk to send David H. Lane, Jr. ten (10) copies of the screening order (ECF 8). Signed by Magistrate Judge Michael G Gotsch, Sr on 4/23/19. (Copy mailed to pro se party w/10 copies of screening order)(mlc)
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Filing 9
Summons Issued as to Michael Person. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail.(cc: USMS) (nae)
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Filing 8
OPINION AND ORDER re #1 Pro Se Complaint: GRANTS the plaintiff leave to proceed against Dr. Michael Person in his individual capacity for compensatory and punitive damages for failing to provide the plaintiff with adequate medical care for his brain tumor, while housed at the LaPorte County Jail, in violation of the Eighth Amendment; DIRECTS the clerk and United States Marshals Service to issue and serve process on Dr. Michael Person at the LaPorte County Jail with a copy of this order and the complaint, pursuant to 28 U.S.C. 1915(d); DISMISSES all other claims; and ORDERS, pursuant to 42 U.S.C. 1997e(g)(2), that Dr. Michael Person 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 Robert L Miller, Jr on 4/18/2019. (Copy mailed to pro se party and USM)(nae)
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Filing 7
ORDER GRANTING #2 Motion for Leave to Proceed in forma pauperis; ORDERS the plaintiff, David H. Lane, Jr., LaPorte County Jail # 20880904 to immediately pay (and the facility having custody to automatically remit) $12.00 to theclerk in payment of the initial partial filing fee; ORDERS the plaintiff to pay (and the facility having custody to automatically remit) to the clerk 20% of the money received for each calendar month during which $10.00 or more is received, 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 4/18/2019. (Copy mailed to pro se party and Warden)(nae)
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Filing 6
SUPPLEMENT to #1 Pro Se Complaint, filed by David H Lane, Jr. (Attachments: #1 Medical Records, #2 Jail Kiosk Messages)(nae)
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Filing 5
Witness List by David H Lane, Jr. (nae)
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Filing 4
NOTICE re: exhaustion by David H Lane, Jr (nae)
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Filing 3
MOTION to Appoint Counsel for Depositions by Plaintiff David H Lane, Jr. (Attachments: #1 Envelope)(nae)
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Filing 2
MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff David H Lane, Jr. (nae)
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Filing 1
PRO SE COMPLAINT with 2 copies of summons forms and 0 copies of USM-285 forms against Michael Person, filed by David H Lane, Jr.(Returned file stamped copy with case number to Lane) (Attachments: #1 Proposed Summons, #2 Envelope)(**No exhibits received)(nae)
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