Bitzer v. Commissioner Indiana Dept of Correction et al
| John Bitzer |
| Holland, Ms Snow, Tremaine, Ms Miller, Sharon Hawk, Johnson, Hyatt, Commissioner Indiana Dept of Correction, MRS. Owens and Owens |
| 3:2020cv00342 |
| April 29, 2020 |
| US District Court for the Northern District of Indiana |
| Jon E DeGuilio |
| Michael G Gotsch |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on March 14, 2024. A more recent docket listing may be available from PACER.
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Filing 16
Initial Partial Filing fee: $ 32.67, receipt number 3024932. (jld)
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Filing 15
Letter from Dale Layne on behalf of John Bitzer. (Attachments: #1 Envelope) (rmc)
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Filing 14
Letter from John Bitzer requesting appointment of counsel (jld)
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Filing 13
ORDER: The Court DIRECTS the clerk to send John Bitzer a copy of the response to the motion for a preliminary injunction ECF #6 , EXTENDS the deadline to file a reply in support on the motion for a preliminary injunction to 6/19/20 and DIRECTS the clerk to send John Bitzer ten copies of the screening order ECF #3 . Signed by Magistrate Judge Michael G Gotsch, Sr on 6/4/20. (Copy mailed as directed in Order). (nal)
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Filing 12
WAIVER OF SERVICE Returned Executed by Johnson. Johnson waiver sent on 4/30/2020, answer due 6/29/2020. (Griffin, Zachary)
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Filing 11
WAIVER OF SERVICE Returned Executed by Hyatt. Hyatt waiver sent on 4/30/2020, answer due 6/29/2020. (Griffin, Zachary)
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Filing 10
WAIVER OF SERVICE Returned Executed by Commissioner Indiana Dept of Correction. Commissioner Indiana Dept of Correction waiver sent on 4/30/2020, answer due 6/29/2020. (Griffin, Zachary)
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Filing 9
Letter from John Bitzer (nae)
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Filing 8
ORDER: The Court GRANTS the plaintiff leave to proceed in forma pauperis, ORDERS the plaintiff, John Bitzer, IDOC # 211164, to immediately pay (and the facility having custody to automatically remit) $32.67 to the clerk in payment of the initial partial filing fee, ORDERS the plaintiff 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 Jon E DeGuilio on 5/18/20. (Copy mailed as directed in Order). (nal)
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Filing 7
NOTICE of Appearance by Marley G Hancock on behalf of Commissioner Indiana Dept of Correction, Hyatt, Johnson (Hancock, Marley)
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Filing 6
Defendant's Response in Opposition to Plaintiff's Motion for Preliminary Injunction by Commissioner Indiana Dept of Correction, Hyatt, Johnson . (Attachments: #1 Exhibit A - Declaration of Warden William Hyatte, #2 Exhibit B - Notification to Plaintiff, #3 Exhibit C - Request for Protection November 25, 2019, #4 Exhibit D - OCMS Case Notes, #5 Exhibit E - Request for Protection February 24, 2020, #6 Exhibit F - Request for Protection April 8, 2020, #7 Exhibit G - Request for Protection April 9, 2020)(Griffin, Zachary)
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Filing 5
NOTICE of Appearance by Zachary R Griffin on behalf of Commissioner Indiana Dept of Correction, Hyatt, Johnson (Griffin, Zachary)
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Filing 4
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Investigator Johnson, Warden Hyatte, the Commissioner of the Indiana Department of Correction. (Copy mailed as directed in Order) Waiver of Service due by 6/1/2020. (Attachments: #1 Opinion and Order, #2 Complaint) (lhc)
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Filing 3
OPINION AND ORDER: The Court GRANTS John Bitzer leave to proceed on an Eighth Amendment claim for money damages against Investigator Johnson, Warden Hyatte, and the Commissioner of the Indiana Department of Correction for failing to protect him against attacks from other inmates at the Miami Correctional Facility; GRANTS leave to proceed on an injunctive relief claim against Warden Hyatte in his official capacity to obtain the protective measures from other inmates to which he is entitled under the Eighth Amendment; DISMISSES Caseworker Owens, Assistant Warden Hawk, Caseworker Holland, Unit Team Manager Miller, Counselor Tremaine, and Caseworker Snow; DISMISSES all other claims; DIRECTS the clerk and the United States Marshals Service to issue and serve process on the Investigator Johnson, Warden Hyatte, and the Commissioner of the Indiana Department of Correction at the Indiana Department of Correction with a copy of this order and the complaint #1 as required by 28 U.S.C. 1915(d); ORDERS, pursuant to 42 U.S.C. 1997e(g)(2), that Investigator Johnson, Warden Hyatte, and the Commissioner of the Indiana Department of Correction respond, as provided for in the Federal Rules of Civil Procedure and N.D. Ind. L.R. 10.1, only to the claims for which John Bitzer has been granted leave to proceed in this screening order; and ORDERS Warden Hyatte to file a response to the motion for a preliminary injunction by 5/8/2020. Signed by Judge Jon E DeGuilio on 4/30/2020. Signed by Judge Jon E DeGuilio on 4/30/2020. (Copy mailed as directed in Order)(lhc)
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Filing 2
Prisoner Trust Fund Account Statement by John Bitzer. (jld)
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Filing 1
PRO SE COMPLAINT against Commissioner Indiana Dept of Correction, Sharon Hawk, Holland, Hyatt, Johnson, Ms Miller, Owens, Ms Snow, Tremaine, filed by John Bitzer. (Attachments: #1 Envelope)(jld)
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