Matlock v. Sevier et al
| Barry W Matlock and Barry Wade Matlock |
| Greg Sheward, Indiana Department of Environmental Management, Captain Earhardt, Kenneth Gann, Eric Holcomb, David Leonard, Fuller, English, Jessica Rain, Capt Smiley, Brenda Perez, Mr Watts, Randolf, Aramark, Sharp, Cornette, Robert Carter, Jr, Vasquez, Sonnenberg, Mark Sevier, Captain Lewis, Pazera, Vernica Porter, Willie Collier, Steve Doe, Matz and Phillip Sonnenberg |
| WESTVILLE E-FILE(Court Use Only) |
| 3:2019cv00376 |
| May 9, 2019 |
| US District Court for the Northern District of Indiana |
| South Bend Office |
| Jon E DeGuilio |
| Michael G Gotsch |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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Filing 11
ORDER TAKING UNDER ADVISEMENT #10 MOTION for Preliminary Injunction filed by Barry W Matlock, until such time as the defendants have been served and had an opportunity to respond to the motion. Signed by Judge Jon E DeGuilio on 7/2/19. (ksp)
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| Filing 10 MOTION for Preliminary Injunction by Plaintiff Barry W Matlock. (nae) |
| Filing 9 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Warden Mark Sevier, Jessica Rain, Phillip Sonnenberg, Mr. Watts, Mr. English, Kenneth Gann, Mr. Pazera, David Leonard, Willie Collier,Vernica Porter, Capt. Earhardt, Capt. Lewis, Capt. Smiley, Capt. Sharp, Capt. Fuller, Major Cornette, Brenda Perez, Greg Shewart and Ms. Matz. (Copy to defendants). (Attachments: #1 Order, #2 Complaint) (nal) |
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Filing 8
ORDER: The Court GRANTS Barry Wade Matlock leave to proceed against Warden Mark Sevier, Jessica Rain, Phillip Sonnenberg, Mr. Watts, Mr. English, Kenneth Gann, Mr. Pazera, David Leonard, Willie Collier, Vernica Porter, Capt. Earhardt, Capt. Lewis, Capt. Smiley, Capt. Sharp, Capt. Fuller, Major Cornette, Brenda Perez. Greg Shewart, and Ms. Matz in their individual capacity for nominal, compensatory, and punitive damages forsubjecting him to inhumane conditions while being housed at Westville Correctional Facility, in violation of the Eighth Amendment, GRANTS Barry Wade Matlock leave to proceed against Warden Mark Sevier, Jessica Rain, Phillip Sonnenberg, Mr. Watts, Mr. English, Kenneth Gann, Mr. Pazera, David Leonard, Willie Collier, Vernica Porter, Capt. Earhardt, Capt. Lewis, Capt. Smiley, Capt. Sharp, Capt. Fuller, Major Cornette, Brenda Perez, Greg Shewart, and Ms. Matz in their official capacities for injunctive relief to cease subjecting him to inhumane conditions, as required by the Eighth Amendment, DISMISSES all other claims pursuant to 28 U.S.C. 1915A, DIRECTS the clerk and the United States Marshals Service to issue and serve process on Warden Mark Sevier, Jessica Rain, Phillip Sonnenberg, Mr. Watts, Mr. English, Kenneth Gann, Mr. Pazera, David Leonard, Willie Collier, Vernica Porter, Capt. Earhardt, Capt. Lewis, Capt. Smiley, Capt. Sharp, Capt. Fuller, Major Cornette, Brenda Perez. GregShewart, and Ms. Matz at the Indiana Department of Correction with a copy of this order and the amended complaint ECF #7 as required by 28 U.S.C. 1915(d) and ORDERS, pursuant to 42 U.S.C. 1997e(g)(2), that Warden Mark Sevier, Jessica Rain, Phillip Sonnenberg, Mr. Watts, Mr. English, Kenneth Gann, Mr. Pazera, David Leonard, Willie Collier, Vernica Porter, Capt. Earhardt, Capt. Lewis, Capt. Smiley, Capt. Sharp, Capt. Fuller, Major Cornette, Brenda Perez. Greg Shewart, and Ms. Matz 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 6/18/19. (nal)
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| Filing 7 AMENDED COMPLAINT against Willie Collier, Cornette, Captain Earhardt, English, Fuller, Kenneth Gann, David Leonard, Captain Lewis, Matz, Pazera, Brenda Perez, Vernica Porter, Jessica Rain, Mark Sevier, Sharp, Greg Sheward, Capt Smiley, Sonnenberg, Mr Watts, filed by Barry W Matlock.(nae) |
| Filing 6 AFFIDAVIT of Cory J. Gray by Barry W Matlock. (nae) |
| Set Deadlines/Hearings: Amended complaint to be filed by 6/20/2019. (jat) |
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Filing 5
OPINION AND ORDER re #2 Pro Se Complaint. The court DIRECTS the clerk to put this case number on a blank Prisoner Complaint (INND Rev. 8/16) form and send it to Barry Wade Matlock along with two blank Prisoner Complaint (INND Rev. 8/16) forms and two blank AO-240 (Rev. 7/10) (INND Rev. 8/16) Prisoner Motion to Proceed In Forma Pauperis forms, GRANTS Barry Wade Matlock until 06/20/2019, to file an amended complaint containing only related claims on the form with this case number sent to him by the clerk, and CAUTIONS Barry Wade Matlock if he does not respond by the deadline or if he files an amended complaint with unrelated claims, the court will select one group of related claims and dismiss the others without prejudice. Signed by Judge Jon E DeGuilio on 05/17/2019. (Copy mailed as directed in Order) (jat)
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Filing 4
ORDER GRANTING #3 Motion for Leave to Proceed in forma pauperis. ORDERS Plaintiff to immediately pay $16.05 to the clerk in payment of the initial partial filing fee. ORDERS Plaintiff to pay 20% of 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. 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 5/16/2019. (Copy mailed to warden.)(bas)
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| Filing 3 MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Barry W Matlock. (nae) |
| Filing 2 PRO SE COMPLAINT with 0 copies of summons forms and 0 copies of USM-285 forms against Aramark, Robert Carter, Jr, Willie Collier, Cornette, Steve Doe, Captain Earhardt, English, Fuller, Kenneth Gann, Eric Holcomb, Indiana Department of Environmental Management, David Leonard, Captain Lewis, Matz, Pazera, Brenda Perez, Vernica Porter, Jessica Rain, Randolf, Mark Sevier, Sharp, Greg Sheward, Capt Smiley, Sonnenberg, Vasquez, Mr Watts, filed by Barry W Matlock. (Attachments: #1 Exhibits)(nae) |
| Filing 1 Consent to Receipt of Documents Through Prisoner Electronic Filing Program (Westville) by Barry W Matlock (nae) |
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