Cleveland v. Warden et al
| Keith Cleveland |
| Warden and Sgt Gordon |
| INDIANA STATE PRISON E-FILE (Court Use Only) |
| 3:2019cv00578 |
| July 29, 2019 |
| US District Court for the Northern District of Indiana |
| Michael G Gotsch |
| Damon R Leichty |
| Philip P Simon |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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| Filing 8 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Indiana State Prison Warden and Sergeant Gordon. Waiver of Service Deadline 10/28/19. (Attachments: #1 Order, #2 Complaint) (nal) |
Filing 7
OPINION AND ORDER: The Court GRANTS Keith Cleveland leave to proceed against the Indiana State Prison Warden and Sergeant Gordon in their individual capacities for monetary damages for allegedly subjecting Mr. Cleveland to unsanitary living conditions while being housed in an area infested with mice and roaches at the Indiana State Prison, in violation of the Eighth Amendment, GRANTS Keith Cleveland leave to proceed against the Indiana State Prison Warden in hisofficial capacity for injunctive relief to provide Keith Cleveland with sanitary living conditions, as required by the Eighth Amendment, DISMISSES all other claims, DIRECTS the clerk and the United States Marshals Service to issue and serve process on the Indiana State Prison Warden and Sergeant Gordon at the Indiana Department of Correction with a copy of this order and the complaint ECF #1 , pursuant to 28 U.S.C. 1915(d) and ORDERS, pursuant to 42 U.S.C. 1997e(g)(2), that the Indiana State Prison Warden and Sergeant Gordon 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 Damon R Leichty on 9/24/19. (Copy mailed to pro se party). (nal)
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Filing 6
ORDER GRANTING #4 MOTION for Leave to Proceed in forma pauperis; ORDERING Plaintiff to immediately pay $3.52 to the clerk in payment of the initial partial filing fee; ORDERING Plaintiff to pay 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; and DIRECTING the clerk to create a ledger for receipt of these funds and 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 Damon R Leichty on 9/19/2019. (Copy mailed as directed in Order.) (bas)
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| Filing 5 Consent to Receipt of Documents Through Prisoner Electronic Filing Program (ISP) by Keith Cleveland (Attachments: #1 Envelope) (nae) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis by Plaintiff Keith Cleveland. (nae) |
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Filing 3
ORDER REASSIGNING CASE. Case reassigned to Judge Damon R Leichty for all further proceedings. Judge Philip P Simon 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 2
ORDER: The Court DIRECTS the clerk to write this cause number on a blank Prisoner Motion to Proceed In Forma Pauperis AO 240 (Rev. 7/10) (INND Rev. 8/16) and send it to Keith Cleveland; GRANTS Cleveland until 9/9/2019 to either pay the filing fee or file an in forma pauperis motion accompanied by his trust fund ledgers for the past six months; and CAUTIONS Cleveland that, if he does not respond by the deadline, this case may be dismissed without further notice. Signed by Judge Philip P Simon on 8/5/19. (Copy mailed to pro se party w/form)(ksp)
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| Filing 1 PRO SE COMPLAINT with 0 copies of summons forms and 0 copies of USM-285 forms against Sgt Gordon, Warden, filed by Keith Cleveland. (No filing fee or IFP received)(Returned copy with case number to Cleveland) (Attachments: #1 Envelope)(nae) |
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