Funderburgh v. Thomas Hobbs et al
| William D Funderburgh, III |
| Kim Myers, Hayden, Thomas Hobbs, Noe Marandet, Dr Carl Kuenzli and Warden |
| MIAMI E-FILE(Court Use Only) |
| 3:2020cv01059 |
| December 30, 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 |
| None |
Docket Report
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| Document Text |
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| Filing 11 MOTION to Amend Relief Statement of #2 Pro Se Complaint by Plaintiff William D Funderburgh, III. (kms) |
| Filing 10 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Warden of Miami Correctional Facility. Waiver of Service due by 3/12/2021. (Attachments: #1 Order, #2 Complaint) (bas) |
Filing 9
AMENDED OPINION AND ORDER: The court DIRECTS the Clerk to add the Warden of Miami Correctional Facility in his official capacity as a defendant; GRANTS William D. Funderburgh, III, leave to proceed against the Warden of Miami Correctional Facility in his official capacity for permanent injunctive relief to provide William D. Funderburgh, III, with a medically appropriate and adequate diet, as required by the Eighth Amendment; DISMISSES Thomas Hobbs RN, BSN, Dr. Noe Marandet, Dr. Kim Myers, Dr. Carl Kuenzli, and Mrs. Hayden; 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) the Warden of the Miami Correctional Facility at the Indiana Department of Correction with a copy of this order and the complaint #2 , pursuant to 28 U.S.C. 1915(d); and ORDERS, pursuant to 42 U.S.C. 1997e(g)(2), that the Warden of the Miami Correctional Facility 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. Signed by Chief Judge Jon E DeGuilio on 2/10/2021. (bas)
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| Filing 8 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Warden of Miami Correctional Facility. (Copy electronically sent as directed in Order) Waiver of Service due by 3/11/2021. (Attachments: #1 Order, #2 Complaint, #3 Exhibit) (mrm) |
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Filing 7
OPINION AND ORDER DIRECTING the Clerk to add the Warden of Miami Correctional Facility in his official capacity as a defendant; GRANTING William D. Funderburgh, III, leave to proceed against the Warden of Miami Correctional Facility in his individual capacity for permanent injunctive relief to provide William D. Funderburgh, III, with a medically appropriate and adequate diet, as required by the Eighth Amendment; DISMISSING Thomas Hobbs RN, BSN, Dr. Noe Marandet, Dr. Kim Myers, Dr. Carl Kuenzli, and Mrs. Hayden; DISMISSING all other claims; DIRECTING the Clerk to request Waiver of Service from (and if necessary, the United States Marshals Service to serve process on) the Warden of the Miami Correctional Facility at the Indiana Department of Correction with a copy of this order and the complaint #2 , pursuant to 28 U.S.C. 1915(d); and ORDERING, pursuant to 42 U.S.C. 1997e(g)(2), that the Warden of the Miami Correctional Facility 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. Signed by Chief Judge Jon E DeGuilio on 2/9/2021. (mrm)
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| Filing 6 Initial Filing fee: $11.18, receipt number 3026208 (rmc) |
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Filing 5
ORDER GRANTING #3 Motion for Leave to Proceed in forma pauperis; ORDERING the plaintiff, William D. Funderburgh, III, IDOC # 259701, to immediately pay (and the facility having custody to automatically remit) $11.18 to the clerk in payment of the initial partial filing fee; ORDERING the 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; 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 Chief Judge Jon E DeGuilio on 1/5/2021. (Copy mailed to Inmate Trust Fund Dept)(lhc)
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| Filing 4 Copy of docket sheet and complaint to be distributed to William D Funderburgh III #259701. (nae) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff William D Funderburgh, III. (nae) |
| Filing 2 PRO SE COMPLAINT against Hayden, Carl Kuenzli, Noe Marandet, Kim Myers, Thomas Hobbs, filed by William D Funderburgh, III. (Attachments: #1 Exhibits)(nae) |
| Filing 1 Consent to Receipt of Documents Through Prisoner Electronic Filing Program by William D Funderburgh, III. 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. (nae) |
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