Benge v. Hyatte et al
Plaintiff: Larry Brandon Benge
Defendant: Hyatte, Angle, Hawke and Paine
Not Classified By Court: MIAMI E-FILE(Court Use Only)
Case Number: 3:2020cv00699
Filed: August 19, 2020
Court: US District Court for the Northern District of Indiana
Presiding Judge: Michael G Gotsch
Referring Judge: Damon R Leichty
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42:1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 16, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 16, 2020 Opinion or Order Filing 24 ORDER: The Court ORDERS the Warden to file a response by 10/23/2020, addressing whether correctional staff are providing adequate protective measures for Larry Brandon Benge, as required by the Eighth Amendment. Mr. Benge may file a reply by 11/2/2020. Signed by Judge Damon R Leichty on 10/16/2020. (Copy mailed to pro se party) (rmf)
October 16, 2020 Filing 23 MOTION for Production of Documents by Plaintiff Larry Brandon Benge. (kms)
October 16, 2020 Filing 22 MOTION for Preliminary Injunction by Plaintiff Larry Brandon Benge. (Attachments: #1 Envelope)(kms)
October 13, 2020 Opinion or Order Filing 21 ORDER DENYING #19 Motion to submit evidence and DENYING Larry Brandon Benge's #20 Motion to Amend his complaint. Signed by Judge Damon R Leichty on 10/13/2020. (mrm)
October 9, 2020 Filing 20 MOTION to Amend #1 Pro Se Complaint by Plaintiff Larry Brandon Benge. (Attachments: #1 Declaration to file Amended Complaint)(jld)
October 9, 2020 Filing 19 MOTION to Submit Evidence by Plaintiff Larry Brandon Benge. (Attachments: #1 Exhibit A)(jld)
October 2, 2020 Opinion or Order Filing 18 OPINION AND ORDER DENYING #11 MOTION for Temporary Restraining Order filed by Larry Brandon Benge and DENYING #12 MOTION for Temporary Restraining Order filed by Larry Brandon Benge. Signed by Judge Damon R Leichty on 10/2/2020. (lhc)
September 28, 2020 Opinion or Order Filing 17 ORDER DENYING #13 Motion to Appoint Counsel. The clerk is DIRECTED to attach one copy of the screening order #5 to this order so Larry Brandon Benge will receive it via prison e-file. Signed by Magistrate Judge Michael G Gotsch, Sr on 9/28/2020. (Attachments: #1 Order) (mrm)
September 24, 2020 Filing 16 DECLARATION OF WILLIAM HYATTE by Hyatte to #15 Order,, Set Deadlines, . (Rose, Archer)
September 22, 2020 Opinion or Order Filing 15 ORDER: The court ORDERS the Warden to file a response by September 25, 2020, addressing whether correctional staff are providing adequate protective measures for Larry Brandon Benge, as a required by the Eighth Amendment. Signed by Judge Damon R Leichty on 9/22/2020. (rmc)
September 22, 2020 Filing 14 WAIVER OF SERVICE Returned Executed by Hyatte. Hyatte waiver sent on 8/24/2020, answer due 10/23/2020. (Rose, Archer)
September 21, 2020 Filing 13 MOTION for Appointment of Counsel by Plaintiff Larry Brandon Benge. (Attachments: #1 Envelope)(kms)
September 21, 2020 Filing 12 MOTION for Temporary Restraining Order/Injunction by Plaintiff Larry Brandon Benge. (Attachments: #1 Letter, #2 Envelope)(kms)
September 21, 2020 Filing 11 MOTION for Emergency Temporary Restraining Order by Plaintiff Larry Brandon Benge. (Attachments: #1 Envelope)(kms)
September 4, 2020 Opinion or Order Filing 10 OPINION AND ORDER denying #3 Motion for Preliminary Injunction. Signed by Judge Damon R Leichty on 9/4/2020. (rmf) Modified on 9/8/2020 to update docket text to opinion and order(rmc).
September 3, 2020 Filing 9 AFFIDAVIT of William Hyatte by Hyatte. (Rose, Archer)
September 3, 2020 Filing 8 NOTICE of Appearance by Archer Riddick R Rose, Jr on behalf of Hyatte (Rose, Archer)
September 2, 2020 Filing 7 Consent to Receipt of Documents Through Prisoner Electronic Filing Program by Larry Brandon Benge. Pursuant to General Order 2018-1, documents submitted 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. (Attachments: #1 Envelope) (jld)
August 24, 2020 Filing 6 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Superintendent Hyatte. Waiver of Service due by 9/23/2020. (Attachments: #1 Order, #2 Complaint, #3 Preliminary Injunction) (bas)
August 24, 2020 Opinion or Order Filing 5 OPINION AND ORDER: The court GRANTS Larry Brandon Benge leave to proceed against Superintendent Hyatte in his official capacity on an injunctive relief claim to provide adequate protection from the known threat to harm or kill him posed by identified gang members, as required by the Eighth Amendment; DISMISSES all other claims pursuant to 28 U.S.C. 1915A; DISMISSES Assistant Superintendent Hawke, Assistant Superintendent Paine, and Unit Team Manager Angle; DIRECTS the clerk to request waiver of service from (and if necessary, the United States Marshals Service to serve process on) Superintendent Hyatte at the Indiana Department of Correction with a copy of this order, the complaint #1 , and the motion seeking a preliminary injunction #3 pursuant to 28 U.S.C. 1915(d); DIRECTS the clerk to fax or email a copy of the request for waiver of service, complaint #1 , motion seeking a preliminary injunction #3 to Superintendent Hyatte; and ORDERS Superintendent Hyatte to file an affidavit or declaration with the court by 9/4/2020, explaining how Larry Brandon Benge is being housed in order to comply with the Eighth Amendment's requirements. Signed by Judge Damon R Leichty on 8/24/2020. (Copy mailed to pro se party and emailed as directed in order)(bas)
August 24, 2020 Opinion or Order Filing 4 ORDER GRANTING #2 MOTION for Leave to Proceed in forma pauperis; WAIVING the initial partial filing fee; ORDERING Plaintiff to pay 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; and DIRECTING the clerk to create a ledger for receipt of these funds and 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 Damon R Leichty on 8/24/2020. (Copy mailed to pro se party and as directed in Order)(bas)
August 19, 2020 Filing 3 MOTION for Preliminary Injunction titled as Plaintiffs Emergency Motion for Protective Custody Transfer Order / Injunction by Plaintiff Larry Brandon Benge. (nae)
August 19, 2020 Filing 2 MOTION for Leave to Proceed in forma pauperis titled as Plaintiffs Emergency Motion to File In Forma Pauperis Without Trust Fund Printout by Plaintiff Larry Brandon Benge. (nae)
August 19, 2020 Filing 1 PRO SE COMPLAINT against Angle, Hawke, Hyatte, Paine, filed by Larry Brandon Benge. (Returned file stamped copy with case number to Benge) (Attachments: #1 Exhibits, #2 Letter to Judge, #3 Envelope)(nae)

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Defendant: Hyatte
Represented By: Archer Riddick R Rose, Jr
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Defendant: Angle
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Defendant: Hawke
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Defendant: Paine
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Plaintiff: Larry Brandon Benge
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