Smith v. Indiana Department of Correction
| Gerald Howard Smith |
| Indiana Department of Correction and Warden |
| WESTVILLE E-FILE(Court Use Only) |
| 3:2019cv00700 |
| August 28, 2019 |
| US District Court for the Northern District of Indiana |
| Michael G Gotsch |
| Philip P Simon |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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| Document Text |
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| Filing 11 NOTICE of Appearance by Amanda E Fiorini on behalf of Warden (Fiorini, Amanda) |
| Filing 10 RESPONSE to Motion re #1 MOTION for Preliminary Injunction filed by Warden. (Attachments: #1 Exhibit A) Galipeau Declaration, #2 Exhibit B) Medical records, #3 Exhibit C) Health care requests)(Slinker, Mollie) |
Filing 9
ORDER granting in part #8 Motion for Extension of Time to File Response. The Court ORDERS the Warden of the Westville Correctional Facility to file and serve by 9/27/19 a response to the motion for preliminary injunction ECF #1 with a sworn statement (and supporting medical documentation as necessary) explaining how Gerald Howard Smith is receiving constitutionally adequate medical care for his heart condition and ongoing mini-strokes as required by the Eighth Amendment. Signed by Magistrate Judge Michael G Gotsch, Sr on 9/18/19. (nal)
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| Filing 8 MOTION for Extension of Time to File Response/Reply as to #4 Pro Se Complaint by Defendant Warden. (Slinker, Mollie) |
| Filing 6 NOTICE of Appearance by Mollie A Slinker on behalf of Warden (Slinker, Mollie) |
| Filing 7 Consent to Receipt of Documents Through Prisoner Electronic Filing Program (Westville) by Gerald Howard Smith (nae) |
| Filing 5 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to the Warden of the Westville Correctional Facility. Waiver of Service due by 10/3/2019. (Attachments: #1 Order, #2 Motion, #3 Complaint) (nal) |
| Filing 4 PRO SE COMPLAINT against Warden filed by Gerald Howard Smith. (nal) |
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Filing 3
OPINION AND ORDER: The Court DIRECTS the clerk to separately docket a copy of the motion for preliminary injunction ECF #1 as a complaint, DIRECTS the clerk to add the Warden of the Westville Correctional Facility in his official capacity as a defendant, GRANTS Gerald Howard Smith leave to proceed against the Warden of the Westville Correctional Facility in his official capacity for injunctive relief to provide him with constitutionally adequate medical care for his heart condition and ongoing ministrokes as required by the Eighth Amendment, DISMISSES the Indiana Department of Correction, DISMISSES all other claims, DIRECTS the clerk and the United States Marshals Service to issue and serve process on the Warden of the Westville Correctional Facility at the Indiana Department of Correction with a copy of this order, the motion for preliminary injunction ECF #1 , and the complaint as required by 28 U.S.C. 1915(d), ORDERS the Warden of the Westville Correctional Facility to file and serve by 9/20/19 a response to the motion for preliminary injunction ECF #1 with a sworn statement (and supporting medical documentation as necessary) explaining how Gerald Howard Smith is receiving constitutionally adequate medical. Signed by Judge Philip P Simon on 9/3/19. (Copy mailed to pro se party). (nal)
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Filing 2
ORDER: The Court GRANTS the plaintiff leave to proceed in forma pauperis, WAIVES the initial partial filing fee, ORDERS the plaintiff, Gerald Howard Smith, IDOC # 208193, to pay (and the facility having custody to automatically remit) 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, 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 Philip P Simon on 9/3/19. (Copy mailed as directed in Order). (nal)
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| Filing 1 MOTION for Preliminary Injunction by Plaintiff Gerald Howard Smith. (rmc) Modified on 8/29/2019 no filing fee paid or ifp filed, returned copy & docket sheet w/case number(rmc). |
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