Whitfield et al v. Westville Correctional Facility et al
| Moorish American Community and Lawrence Whitfield |
| Walton, Robert E Carter, Jr, Westville Correctional Facility, David Libel and Schultz |
| WESTVILLE E-FILE(Court Use Only) |
| 3:2019cv00692 |
| August 27, 2019 |
| US District Court for the Northern District of Indiana |
| Jon E DeGuilio |
| Michael G Gotsch |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 23 Copy of docket sheet to be distributed to Lawrence Whitfield #267655 as requested in Letter DE #21 . (nae) |
| Filing 21 NOTICE of Appearance by Joshua R Lowry on behalf of Robert E Carter, Jr, David Libel, Schultz, Walton (Lowry, Joshua) |
| Filing 20 WAIVER OF SERVICE Returned Executed by Walton. Walton waiver sent on 9/23/2019, answer due 11/22/2019. (Fiorini, Amanda) |
| Filing 19 WAIVER OF SERVICE Returned Executed by Schultz. Schultz waiver sent on 9/23/2019, answer due 11/22/2019. (Fiorini, Amanda) |
| Filing 18 WAIVER OF SERVICE Returned Executed by David Libel. David Libel waiver sent on 9/23/2019, answer due 11/22/2019. (Fiorini, Amanda) |
| Filing 17 WAIVER OF SERVICE Returned Executed by Robert E Carter, Jr. Robert E Carter, Jr waiver sent on 9/23/2019, answer due 11/22/2019. (Fiorini, Amanda) |
| Filing 16 NOTICE of Appearance by Amanda E Fiorini on behalf of Robert E Carter, Jr, David Libel, Schultz, Walton (Fiorini, Amanda) |
| Filing 15 Copy of Opinion and Order DE #7 to be distributed to Lawrence Whitfield #267655 as requested in Letter DE #14 . (nae) |
| Filing 22 Letter from Lawrence Whitfield requesting copy of docket sheet (docket sheet sent) (nae) |
| Filing 14 Letter from Lawrence Whitfield requesting copy of Opinion and Order DE #7 and docket sheet. (Docket sheet sent 10/18) (nae) |
| Filing 13 Copy of docket sheet to be distributed to Lawrence Whitfield #267655 as requested in letter DE #12 . (nae) |
| Filing 12 Letter from Lawrence Whitfield requesting copy of docket sheet (nae) |
| Filing 11 Consent to Receipt of Documents Through Prisoner Electronic Filing Program (Westville) by Lawrence Whitfield (nae) |
| Filing 10 Letter from Lawrence Whitfield requesting docket sheet (Docket sheet sent) (nae) |
| Filing 9 Proposed Summons filed by Lawrence Whitfield. (nae) |
| Filing 8 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Chaplain Walton, Chaplain Schultz, Religious Director Liebel, and Commissioner Carter. Waiver of Service due by 10/23/2019. (Attachments: #1 Complaint, #2 Screening Order) (mlc) |
Filing 7
OPINION AND ORDER the court GRANTS Lawrence Whitfield leave to proceed on a claim for money damages against Chaplain Walton and Chaplain Shultz for violating his rights under the Free Exercise Clause by cancelling his religious services and restricting his access to religious materials;GRANTS Lawrence Whitfield leave to proceed on a claim for money damagesagainst Religious Director Liebel and Commissioner Carter for violating his rights under the Free Exercise Clause by prohibiting him from observing Fridays as his holy day of the week; GRANTS Lawrence Whitfield leave to proceed on a claim for injunctive relief under the Religious Land Use and Institutionalized Persons Act against Commissioner Carter in his official capacity for religious materials and for him to be allowed to observe Fridays as his holy day of the week; DISMISSES the Moorish American Community and the Westville Correctional Facility; DISMISSES all other claims; DIRECTS the clerk and the United States Marshals Service to issue and serve process on Chaplain Walton, Chaplain Schultz, Religious Director Liebel, and Commissioner Carter 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); and ORDERS, pursuant to 42 U.S.C. 1997e(g)(2), Chaplain Walton, Chaplain Schultz, Religious Director Liebel, and Commissioner Carter to respond, as provided for in the Federal Rules of Civil Procedure and N.D. Ind. L.R. 10-1(b), only to the claimsfor which Lawrence Whitfield has been granted leave to proceed in this screening order. Signed by Judge Jon E DeGuilio on 9/19/19. (Copy mailed to pro se party)(mlc)
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| Filing 6 Mail Returned from Lawrence Whitfield as Undeliverable - Return to Sender, Addressee Not Here. (previously resent to Westville per DE #5 ) (rmc) |
| Filing 5 NOTICE of Change of Address by Lawrence Whitfield from Lake County Jail to Westville Correctional Facility and request for docket sheet from new cases (Sent docket sheet and resent Order DE #4 to Westville) (nae) |
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Filing 4
ORDER: The Court GRANTS the plaintiff leave to proceed in forma pauperis ECF #2 , WAIVES the initial partial filing fee, ORDERS the plaintiff, Lawrence Whitfield, IDOC # 267655, 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 9/10/19. (Copy mailed as directed in Order). (nal)
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| Filing 3 Letter from Lawrence Whitfield notifying the court of his temporary address at Lake County Jail (nae) |
| Filing 2 Prisoner Trust Fund Account Statement by Lawrence Whitfield. (nae) |
| Filing 1 PRO SE COMPLAINT with 0 copies of summons forms and 5 copies of USM-285 forms and with Jury Demand against Robert E Carter, Jr, David Libel, Schultz, Walton, Westville Correctional Facility, filed by Lawrence Whitfield, Moorish American Community. (Returned copy with case number to Whitfield) (Attachments: #1 USM 285 forms)(nae) |
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