Jenkins v Hyatte et al
| Johnny Ray Jenkins |
| Hyatte, Dice, Barkus, Neil, Angle, Sgt McCullum, Hawk and Hamrick |
| PLAINFIELD CF (Court Use Only) and PLAINFIELD E-FILE (Court Use Only) |
| 3:2019cv00675 |
| August 26, 2019 |
| US District Court for the Northern District of Indiana |
| Michael G Gotsch |
| Damon R Leichty |
| Prison Conditions |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 16, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 41 Mail Returned from Johnny Jenkins as Undeliverable - #20 Order Staying Case,, Set Deadlines, (unable to forward, new address previously submitted) (mlc) |
Filing 40
ORDER: The stay is LIFTED. The defendants are REMINDED the deadline to respond to the complaint is 11/4/19. Signed by Magistrate Judge Michael G Gotsch, Sr on 10/9/19. (Copy mailed to pro se party). (nal)
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| Filing 39 NOTICE of Appearance by Daniel F Rothenberg on behalf of All Defendants (Rothenberg, Daniel) |
| Filing 38 WAIVER OF SERVICE Returned Executed by Neil. Neil waiver sent on 9/4/2019, answer due 11/4/2019. (Stover, Jordan) |
| Filing 37 WAIVER OF SERVICE Returned Executed by McCullum. McCullum waiver sent on 9/4/2019, answer due 11/4/2019. (Stover, Jordan) |
| Filing 36 WAIVER OF SERVICE Returned Executed by Hyatte. Hyatte waiver sent on 9/4/2019, answer due 11/4/2019. (Stover, Jordan) |
| Filing 35 WAIVER OF SERVICE Returned Executed by Hawk. Hawk waiver sent on 9/4/2019, answer due 11/4/2019. (Stover, Jordan) |
| Filing 34 WAIVER OF SERVICE Returned Executed by Hamrick. Hamrick waiver sent on 9/4/2019, answer due 11/4/2019. (Stover, Jordan) |
| Filing 33 WAIVER OF SERVICE Returned Executed by Dice. Dice waiver sent on 9/4/2019, answer due 11/4/2019. (Stover, Jordan) |
| Filing 32 WAIVER OF SERVICE Returned Executed by Barkus. Barkus waiver sent on 9/4/2019, answer due 11/4/2019. (Stover, Jordan) |
| Filing 31 WAIVER OF SERVICE Returned Executed by Angle. Angle waiver sent on 9/4/2019, answer due 11/4/2019. (Stover, Jordan) |
| Filing 30 NOTICE of Appearance by Jordan M Stover on behalf of Angle, Barkus, Dice, Hamrick, Hawk, Hyatte, McCullum, Neil (Stover, Jordan) |
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Filing 29
ORDER denying as moot #28 Motion for Extension of Time to File. Signed by Magistrate Judge Michael G Gotsch, Sr on 10/03/2019. (Copy mailed to pro se party) (jat)
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| Filing 28 MOTION for Extension of Time to File Reply as to why this case should not be dismissed by Plaintiff Johnny Ray Jenkins. (mlc) |
| Filing 27 RESPONSE TO ORDER TO SHOW CAUSE by Johnny Ray Jenkins filed by Johnny Ray Jenkins. (Attachments: #1 Envelope)(mlc) |
| Filing 26 Letter from Johnny Ray Jenkins requesting 10 copies of screening order as he never received the copies with the order (Attachments: #1 Envelope) (10 copies of screening order sent by reg mail to plaintiff) (mlc) Modified on 10/3/2019 to edit text (mlc). |
| Filing 25 Mail Returned from Johnny Ray Jenkins as Undeliverable - #15 Opinion and Order. Order resent to plaintiff at new address on 9/25/19. (nal) |
| Filing 24 NOTICE of Change of Address by Johnny Ray Jenkins from Plainfield Correctional Facility to New Castle Correctional Facility (Attachments: #1 Summons and USM 285 Forms, #2 Envelope) (Notice of Change of Address previously received at #23 and documents sent on 9/25/2019) (ksp) |
| DE 14, 15, 18 and 20 resent to Plaintiff at new address. (mlc) |
| Filing 23 NOTICE of Change of Address by Johnny Ray Jenkins from Plainfield Correctional Facility to New Castle Correctional Facility NCP (mlc) (mlc). |
| Filing 22 Letter from Johnny Ray Jenkins requesting case information (Attachments: #1 Envelope) (copy of docket sent to plaintiff at new address)(mlc) |
| Filing 21 Letter from Johnny Ray Jenkins regarding address change and electronic filings sent prior to his transfer to a new facility (Attachments: #1 Envelope) (copy of docket sent to Jenkins)(mlc) |
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Filing 20
ORDER STAYING CASE, Johnny Ray Jenkins, is ORDERED to SHOW CAUSE by October 3, 2019, why this case should not be dismissed pursuant to Federal Rule of Civil Procedure 41(b). He is CAUTIONED if he does not respond by the deadline, this case may be dismissed without further notice. Signed by Magistrate Judge Michael G Gotsch, Sr on 9/13/19. (Copy mailed to pro se party)(mlc)
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| Filing 19 Mail Returned from Johnny Rey Jenkins as Undeliverable - #14 Order. (jat) |
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Filing 18
ORDER DENYING #17 Motion to Appoint Counsel. The clerk is DIRECTED to send Johnny Ray Jenkins ten (10) copies of the screening order #15 so he can include them with a letter to ten individual attorneys asking for representation. Signed by Magistrate Judge Michael G Gotsch, Sr on 9/10/2019. (Copy mailed as directed in Order)(bas)
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| Filing 17 MOTION to Appoint Counsel by Plaintiff Johnny Ray Jenkins. (Attachments: #1 Letter)(shk) |
| Filing 16 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Hyatte, Hawk, Hamrick, Angle, Dice, Neil, Barkus and McCullum. Waiver of Service due by 10/4/2019. (Attachments: #1 Order, #2 Complaint) (nal) |
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Filing 15
OPINION AND ORDER: The Court GRANTS Johnny Ray Jenkins leave to proceed against Defendants Hyatte, Hawk, Hamrick, Angle, Dice, Neil, Barkus and McCullum in their individual capacities for compensatory and punitive damages for not protecting him from attack by fellow inmates at the Miami Correctional Facility on August 28, 2018 under the Eighth Amendment, DISMISSES all other claims, DIRECTS the clerk and the United States Marshals Service, as required by 28 U.S.C. 1915(d), to issue and serve process at the Indiana Department of Correction on Defendants Hyatte, Hawk, Hamrick, Angle, Dice, Neil, Barkus and McCullum with a copy of this order and the complaint, ORDERS, pursuant to 42 U.S.C. 1997e(g)(2), Hyatte, Hawk, Hamrick, Angle, Dice, Neil, Barkus, and McCullum 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 the plaintiff has been granted leave to proceed in this screening order. Signed by Judge Damon R Leichty on 8/30/19. (Copy mailed to pro se party). (nal)
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Filing 14
ORDER DENYING AS MOOT #8 Motion to Waive Filing Fee. Signed by Magistrate Judge Michael G Gotsch, Sr on 08/29/2019. (Copy mailed to pro se party) (jat)
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| Filing 13 Case transferred in from District of Indiana Southern; Case Number 1:19-cv-02381. Original file and docket sheet received. |
| Filing 12 Transfer Letter to Clerk of the Northern District of Indiana. Case transferred electronically to Northern District of Indiana, on August 21, 2019. (APD) [Transferred from Indiana Southern on 8/26/2019.] |
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Filing 11
Order Transferring Action to the Northern District of Indiana, South Bend Division - For the reasons explained in this Order, and without ruling on the pending motions, the above action is now TRANSFERRED to the United States District Court for the Northern District of Indiana at South Bend, Indiana. Signed by Judge Sarah Evans Barker on 8/21/2019.(APD) [Transferred from Indiana Southern on 8/26/2019.]
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| Filing 10 MOTION for Instructions to Clarify Plaintiff's Concerns, filed by Plaintiff JOHNNY RAY JENKINS. (CKM) [Transferred from Indiana Southern on 8/26/2019.] |
| Filing 9 RECEIPT #IP065833 for initial partial filing fee in the amount of $3.40, paid by Plaintiff. (REO) [Transferred from Indiana Southern on 8/26/2019.] |
| Filing 8 MOTION to Reconsider Waving the Full Filing Fee to Proceed with Complaint, filed by Plaintiff JOHNNY RAY JENKINS. (CKM) [Transferred from Indiana Southern on 8/26/2019.] |
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Filing 7
ORDER - Denying Motion for Assistance with Recruiting Counsel; The plaintiff's motion for assistance with recruiting counsel, dkt. #4 , is denied as premature. The plaintiff indicates that he has contacted two attorneys seeking representation. This is insufficient to show that he has made reasonable efforts to obtain counsel on his own. He should continue his efforts. Signed by Judge Sarah Evans Barker on 7/3/2019. (CKM) [Transferred from Indiana Southern on 8/26/2019.]
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Filing 6
ORDER granting #3 Motion for Leave to Proceed in forma pauperis to the extent the plaintiff is assessed an initial partial filing fee of $3.40. The plaintiff shall have through July 16, 2019, in which to pay this sum to the clerk of the district court. The clerk is directed to seal this motion #3 . Signed by Judge Sarah Evans Barker on 6/25/2019. (CBU) [Transferred from Indiana Southern on 8/26/2019.]
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| Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) [Transferred from Indiana Southern on 8/26/2019.] |
| Filing 4 MOTION For Assistance with Recruiting Counsel filed by Plaintiff, JOHNNY RAY JENKINS. (DJH) [Transferred from Indiana Southern on 8/26/2019.] |
| Filing 3 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff, JOHNNY RAY JENKINS. (Attachments: #1 Certificate of Prisoner Account, Transaction History)(DJH) Modified on 6/25/2019 (CBU)***MOTION SEALED PER ORDER OF 6/25/2019*** [Transferred from Indiana Southern on 8/26/2019.] |
| Filing 2 COMPLAINT against ANGLE, BARKUS, DICE, HAMRICK, HAWK, HYATTE, MCCULLUM, and NEIL filed by JOHNNY RAY JENKINS. (No fee paid with this filing) (Attachments: #1 Summary of Case)(DJH) [Transferred from Indiana Southern on 8/26/2019.] |
| Filing 1 CONSENT to Prisoner E-Service by JOHNNY RAY JENKINS located at PLAINFIELD CF. Pursuant to General Order 2013-1, documents submitted by JOHNNY RAY JENKINS to the court for filing will generate a Notice of Electronic Filing that will constitute official service upon registered users of CM/ECF. If any parties to the case are not registered CM/ECF users, the Clerk of the Court will mail the document via U.S. Postal Service on behalf of the inmate. NOTE: The E-Filing Program does not affect the obligation of other parties to serve copies of documents in accordance with the Federal Rules of Civil Procedure. (DJH) [Transferred from Indiana Southern on 8/26/2019.] |
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