McNeil v. Indiana Parole Dept et al
| Mickel McNeil |
| Hyatt, Indiana Dept of Corrections, Indiana Parole Dept, Ind Dept of Corrections, Superintendent of Miami Correctional and Griffin |
| 3:2019cv00482 |
| June 17, 2019 |
| US District Court for the Northern District of Indiana |
| Jon E DeGuilio |
| Michael G Gotsch |
| Damon R Leichty |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on April 23, 2021. A more recent docket listing may be available from PACER.
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Filing 16
ORDER REASSIGNING CASE. Case reassigned to Judge Damon R Leichty for all further proceedings. Judge Jon E DeGuilio no longer assigned to case. Signed by Chief Judge Theresa L Springmann on 8/14/19. (Copy mailed to pro se party)(ksc)
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| Filing 15 MOTION for Appointment of Counsel by Plaintiff Mickel McNeil. (nae) |
| Filing 14 STATUS REPORT by Hyatt. (Attachments: #1 Exhibit A - Bed Location History)(Fiorini, Amanda) |
| Filing 13 NOTICE of Injury by Mickel McNeil (nae) |
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Filing 12
ORDER: The Court DENIES the motion to extend ECF #11 , GRANTS the motion for a preliminary injunction and ORDERS the Warden to ensure Mickel McNeil's safety in connection with attacks by other inmates and to immediately separate McNeil from other inmates who may pose a threat to him and ORDERS the Warden to file a status report by 7/29/19 explaining whatmeasures have been taken in response to this order. Signed by Judge Jon E DeGuilio on 7/26/19. (Copy mailed to pro se party). (nal)
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| Filing 11 MOTION for Extension of Time to File Response/Reply as to #4 Opinion and Order,,,,,, Set Deadlines,,,,, To Respond to Plaintiff's Motion for Preliminary Injunction by Defendants Griffin, Hyatt. (Fiorini, Amanda) |
| Filing 10 WAIVER OF SERVICE Returned Executed by Hyatt. Hyatt waiver sent on 7/1/2019, answer due 8/30/2019. (Fiorini, Amanda) |
| Filing 9 WAIVER OF SERVICE Returned Executed by Griffin. Griffin waiver sent on 7/1/2019, answer due 8/30/2019. (Fiorini, Amanda) |
| Filing 8 NOTICE of Appearance by Amanda E Fiorini on behalf of Griffin, Hyatt (Fiorini, Amanda) |
| Filing 7 NOTICE - The Plaintiff called the Court from his facility on 7/23/2019 alerting the Court to his most recent filing and seeking a response to it as quickly as possible. This is a text-only entry. (saj) |
| Filing 6 NOTICE of Injury / Amended Demand by Mickel McNeil (nae) |
| Filing 5 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Officer Griffin and Warden Hyatt. Waiver of Service due by 7/31/2019. (Attachments: #1 Order, #2 Complaint). (nal) |
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Filing 4
OPINION AND ORDER: The Court GRANTS Mickel McNeil leave to proceed on an Eighth Amendment claim for money damages against Officer Griffin for acting with deliberate indifference to his safety by preventing him from protecting himself from violent attacks, GRANTS Mickel McNeil leave to proceed on an injunctive relief claim against Warden Hyatt in his official capacity to take protective measures as required by the Eighth Amendment, DISMISSES the Indiana Department of Correction and the Indiana Parole Department, DISMISSES all other claims, DIRECTS the clerk and the United States Marshals Service to issue and serve process on Officer Griffin and Warden Hyatt at the Indiana Department of Correction with a copy of this order and the complaint ECF #1 as required by 28 U.S.C. 1915(d), ORDERS, pursuant to 42 U.S.C. 1997e(g)(2), Officer Griffin and Warden Hyatt 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 Mickel McNeil has been granted leave to proceed in this screening order and ORDERS Warden Hyatt to respond to the motion for preliminary injunction by filing an affidavit addressing whether prison officials are acting with deliberate indifference to Mickel McNeil's safety needs in connection with attacks by other inmates by July 25, 20Signed by Judge Jon E DeGuilio on 7/1/19. (Copy mailed to pro se party). (nal)
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Filing 3
ORDER granting #2 Motion for Leave to Proceed in forma pauperis. The Court WAIVES the initial partial filing fee, ORDERS the plaintiff, Mickel McNeil, IDOC #998836, 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 6/26/19. (Copy mailed as directed in Order). (nal)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Plaintiff Mickel McNeil. (Attachments: #1 Affidavit of Special Circumstances, #2 Proposed Order)(nae) |
| Filing 1 PRO SE COMPLAINT with 0 copies of summons forms and 0 copies of USM-285 forms against Griffin, Hyatt, Indiana Dept of Corrections, Indiana Parole Dept, filed by Mickel McNeil. (Returned file stamped copy with case number to McNeil) (Attachments: #1 Exhibits, #2 Envelope)(nae) |
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