Ashcraft v. Carter et al
Plaintiff: John Ashcraft and John W Ashcraft
Defendant: Eakins, Captain Smiley, John Harvil, Seaver, Hootnic, Johnson, Robert Carter, Sr, John Salyer, T Wall and Mrs. Kennerk
Not Yet Classified: WESTVILLE E-FILE(Court Use Only)
Case Number: 3:2019cv00303
Filed: April 15, 2019
Court: US District Court for the Northern District of Indiana
Presiding Judge: Jon E DeGuilio
Referring Judge: Michael G Gotsch
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 2, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 5, 2019 *****Set deadlines. (jat)
July 5, 2019 Filing 14 NOTICE of Appearance by Matthew S Koressel on behalf of Mrs. Kennerk, T Wall (Koressel, Matthew)
July 5, 2019 Filing 13 WAIVER OF SERVICE Returned Executed by T Wall. T Wall waiver sent on 6/3/2019, answer due 8/2/2019. (Rothenberg, Daniel)
July 5, 2019 Filing 12 WAIVER OF SERVICE Returned Executed by Mrs. Kennerk. Mrs. Kennerk waiver sent on 6/3/2019, answer due 8/2/2019. (Rothenberg, Daniel)
July 5, 2019 Filing 11 NOTICE of Appearance by Daniel F Rothenberg on behalf of Mrs. Kennerk, T Wall (Rothenberg, Daniel)
June 4, 2019 Filing 10 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to T. Wall and Mrs. Kennerk. Waiver of Service due by 7/5/2019. (Attachments: #1 Order, #2 Opinion and Order, #3 Amended Complaint) (shk)
June 3, 2019 Opinion or Order Filing 9 ORDER: The Court DIRECTS the clerk modify the electronic docket to indicate that #8 is an Amended Complaint and to add Mrs. Kennerk as a defendant, GRANTS John W. Ashcraft leave to proceed on a denial of access to the courts claim against T. Wall and Mrs. Kennerk for failing to assist him with legal research in connection with his pending petition for post-conviction relief, DISMISSES all other claims, DIRECTS the clerk and the United States Marshals Service to issue and serve process on T. Wall and Mrs. Kennerk at the Indiana Department of Correction with a copy of this order, the initial screening order #5 , and the amended complaint #8 as required by 28 U.S.C. 1915(d), and ORDERS, pursuant to 42 U.S.C. 1997e(g)(2), T. Wall and Mrs. Kennerk 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 John W. Ashcraft has been granted leave to proceed in this screening order. Signed by Judge Jon E DeGuilio on 6/3/2019. (Copy mailed to pro se party)(shk)
May 15, 2019 Filing 8 Amended Complaint by Plaintiff John W Ashcraft. (nae) Modified on 6/4/2019 per #9 Order (shk).
May 7, 2019 Filing 7 Initial Partial Filing fee: $ 2.10, receipt number 3022299 (jld)
April 19, 2019 Filing 6 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to T. Wall. (Copy mailed to defendant). Waiver of Service due by 5/20/2019. (Attachments: #1 Order, #2 Complaint) (nal)
April 18, 2019 Opinion or Order Filing 5 OPINION AND ORDER: The Court GRANTS John W. Ashcraft leave to proceed on a denial of access to the courts claim against T. Wall for failing to assist him with legal research in connection with his pending petition for post-conviction relief, DISMISSES Robert Carter, Warden Sevier, John Salyer, Mr. Hootnic, John Harvil, Captain Smiley, Lieutenant Eakins, and Sergeant Johnson, DISMISSES all other claims, DIRECTS the clerk and the United States Marshals Service to issue and serve process on T. Wall at the Indiana Department of Correction with a copy of this order and the complaint ECF #2 as required by 28 U.S.C. 1915(d) and ORDERS, pursuant to 42 U.S.C. 1997e(g)(2), T. Wall 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 John W. Ashcraft has been granted leave to proceed in this screening order. Signed by Judge Jon E DeGuilio on 4/18/19. (Copy mailed to pro se party). (nal)
April 18, 2019 Opinion or Order Filing 4 ORDER GRANTS the plaintiff leave to proceed in forma pauperis (ECF #3 ). WAIVES the initial partial filing fee. ORDERS the plaintiff, John W. Ashcraft, IDOC # 956487, 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. 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 4/18/2019. (Copy mailed as directed in Order)(sct)
April 15, 2019 Filing 3 MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff John Ashcraft. (nae)
April 15, 2019 Filing 2 PRO SE COMPLAINT with 0 copies of summons forms and 0 copies of USM-285 forms and with Jury Demand against Robert Carter, Sr, Eakins, John Harvil, Hootnic, Johnson, John Salyer, Seaver, Captain Smiley, T Wall, filed by John Ashcraft. (Attachments: #1 Exhibits)(nae)
April 15, 2019 Filing 1 Consent to Receipt of Documents Through Prisoner Electronic Filing Program (Westville) by John Ashcraft (nae)

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Defendant: Eakins
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Defendant: Captain Smiley
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Defendant: John Harvil
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Defendant: Seaver
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Defendant: Hootnic
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Defendant: Johnson
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Defendant: Robert Carter, Sr
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Defendant: John Salyer
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Defendant: T Wall
Represented By: Matthew S Koressel
Represented By: Daniel F Rothenberg
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Defendant: Mrs. Kennerk
Represented By: Matthew S Koressel
Represented By: Daniel F Rothenberg
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Not yet classified: WESTVILLE E-FILE(Court Use Only)
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Plaintiff: John Ashcraft
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Plaintiff: John W Ashcraft
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