Howard v. Porter et al
| Mark Howard, Jr |
| Mea Porter and John Heater |
| WABASH VALLEY E-FILE (Court Use Only) |
| 3:2020cv00883 |
| October 20, 2020 |
| US District Court for the Northern District of Indiana |
| Jon E DeGuilio |
| Michael G Gotsch |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 2, 2021. A more recent docket listing may be available from PACER.
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Filing 7
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Sergeant John Heater and Sergeant Mea Porter. Waiver of Service due by 12/23/2020. (Attachments: #1 Order, #2 Complaint) (bas)
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Filing 6
OPINION AND ORDER: The court GRANTS Mark Howard, Jr. leave to proceed against Sergeant John Heater in his individual capacity for monetary damages for allegedly using excessive force against him on October 20, 2019, when he discharged a peppperball gun into Howard's eye while he was in his cell and had complied with all orders, in violation of the Eighth Amendment; GRANTS Mark Howard, Jr. leave to proceed against Sergeant Mea Porter in her individual capacity for monetary damages for allegedly denying Howard medical care or the ability to decontaminate himself or his cell on October 20, 2019, following the use of the pepperball gun, in violation of the Eighth Amendment; DISMISSES all other claims; DIRECTS the clerk to request Waiver of Service from (and if necessary, the United States Marshals Service to serve process on) on Sergeant John Heater and Sergeant Mea Porter at the Indiana Department of Correction with a copy of this order and the complaint #1 , 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 that does not waive service, if they have such information; and ORDERS, pursuant to 42 U.S.C. 1997e(g)(2), Sergeant John Heater and Sergeant Mea Porter to respond, as provided for in the Federal Rules of Civil Procedure and N.D. Ind. L.R. 10-1(b), only to the claims for which the plaintiff has been granted leave to proceed in this screening order. Signed by Chief Judge Jon E DeGuilio on 11/23/2020. (bas)
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Filing 5
Initial Filing fee: $5.00, receipt number 3025757 (rmc)
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Filing 4
Consent to Receipt of Documents Through Prisoner Electronic Filing Program by Mark Howard, Jr. 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. (kms)
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Filing 3
ORDER GRANTING the plaintiff leave to proceed in forma pauperis #2 ; ORDERING Mark Howard, Jr., IDOC # 219944 to immediately pay $5.00 to the clerk in payment of 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 Chief Judge Jon E DeGuilio on 10/21/2020. (Copy mailed to pro se and as directed in Order)(mrm)
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Filing 2
Prisoner Trust Fund Account Statement by Mark Howard, Jr. (Attachments: #1 Proposed Order)(nae)
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Filing 1
PRO SE COMPLAINT with Jury Demand against John Heater, Mea Porter, filed by Mark Howard, Jr. (No Filing fee or IFP received)(Returned copy with case number to Howard)(nae)
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