Spann v. Indiana State of et al
| Richard A Spann, Richard Allen Spann El, Richard A Spann El and Richard Spann |
| Cruz, Bennet, Payne, Easley, Hinsley, William Hyatte, Sherrian Hawk, Seagel, Indiana State of, Morgan, Miami Correctional Facility, Angle and Curtis Hill |
| 3:2020cv00611 |
| July 20, 2020 |
| US District Court for the Northern District of Indiana |
| Michael G Gotsch |
| Robert L Miller |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on September 20, 2022. A more recent docket listing may be available from PACER.
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Filing 13
RESPONSE to #10 Opinion and Order titled as Re: Simple Communique Pursuant to the Order & Opinion of 9/2/20 and to Correct the Record by Richard A Spann. (Attachments: #1 Envelope)(nae)
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Filing 12
MOTION to Accept Late Payment w/ Other Reliefs by Plaintiff Richard A Spann. (Attachments: #1 Duplicate IFP Motion)(nae)
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Filing 11
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Correctional Officer Easley, Lieutenant Morgan, Captain Bennet, Correctional Officer Cruz, Mr. Angle, Deputy Warden Sharon Hawk. (Copy mailed as directed in Order) Waiver of Service due by 10/5/2020. (Attachments: #1 Opinion and Order, #2 Amended Complaint) (lhc)
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Filing 10
OPINION AND ORDER: The court GRANTS the plaintiff leave to proceed against Correctional Officer Easley, Lieutenant Morgan, Captain Bennet, Correctional Officer Cruz, Mr. Angle, and Deputy Warden Hawk in their personal capacity for money damages for denying the plaintiff sanitary living conditions as required by the Eighth Amendment; DISMISSES William Hyatte, Miami Correctional Facility, Curtis Hill, and the State of Indiana as defendants; DISMISSES all other claims; DIRECTS the clerk to send a Waiver of Service request to (and if necessary, the United States Marshals Service to serve process on) Correctional Officer Easley, Lieutenant Morgan, Captain Bennet, Correctional Officer Cruz, Mr. Angle, and Deputy Warden Sharon Hawk, along with a copy of this order and the amended complaint #5 , pursuant to 28 U.S.C. 1915(d); ORDERS the Indiana Department of Correction to provide the United States Marshal Service with the full name, date of birth, social security number, last employment date, work location, and last known home address of any defendant who does not waive service, to the extent such information is available; ORDERS, pursuant to 42 U.S.C. 1997e(g)(2), that Correctional Officer Easley, Lieutenant Morgan, Captain Bennet, Correctional Officer Cruz, Mr. Angle, and Deputy Warden Hawk respond, as provided for in the Federal Rules of Civil Procedure and N.D. Ind. L.R. 10-1(b), only to the claim for which the plaintiff has been granted leave to proceed in this screening order; and DENIES the motion to join documents #6 . Signed by Judge Robert L Miller, Jr on 9/2/2020. (Copy mailed as directed in Order)(lhc)
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Filing 9
ORDER GRANTING #8 Motion for Leave to Proceed in forma pauperis; WAIVING the initial partial filing fee; ORDERING the plaintiff, Richard A Spann, IDOC # 178770, 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; DIRECTING the clerk to create a ledger for receipt of these funds; and DIRECTING 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 Robert L Miller, Jr on 9/2/2020. (Copy mailed to pro se party and Inmate Trust Fund Dept) (lhc)
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***Deficiency Deadline terminated. (rmc)
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Filing 8
MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Richard A Spann. (rmc)
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Filing 7
Security Instrument by Richard A Spann (nae)
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Filing 6
MOTION to Join Document(s) by Plaintiff Richard A Spann. (nae)
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Filing 5
AMENDED COMPLAINT against Bennet, William Hyatte, Indiana State of, Morgan, Miami Correctional Facility, Curtis Hill, Angle, filed by Richard A Spann. (Attachments: #1 Cover Letter with Exhibits, #2 Disclaimer, #3 Envelope)(nae)
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Filing 4
ORDER STRIKING the complaint #1 ; DENYING the request to proceed in forma pauperis #2 without prejudice; and GRANTING the plaintiff until 8/31/2020, to file an amended complaint containing only related claims, and to pay the filing fee or renew his request to proceed in forma pauperis using the appropriate form and attaching a copy of his inmate trust ledgers as required by 28 U.S.C. 1915(a)(2). Signed by Judge Robert L Miller, Jr on 7/23/2020. (Copy mailed to pro se party)(lhc)
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Filing 3
Letter from Richard Spann (nae)
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Filing 2
RECEIPT of Security Instrument from Richard A Spann. (nae)
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Filing 1
*STRICKEN per #4 * PRO SE COMPLAINT against Bennet, Cruz, Easley, Sherrian Hawk, Hinsley, William Hyatte, Indiana State of, Morgan, Payne, Seagel, filed by Richard A Spann. (No filing fee or IFP received) (Returned file stamped copy with case number to Spann) (Attachments: #1 Cover Letter, #2 Envelope)(nae) Modified on 7/23/2020 (lhc).
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