Fogarty v. Carter et al
| Normand Fogarty |
| John Galipeau, Dorothy Livers, Robert Carter, Jr and John Harvil |
| WESTVILLE E-FILE(Court Use Only) |
| 3:2021cv00200 |
| March 22, 2021 |
| US District Court for the Northern District of Indiana |
| Michael G Gotsch |
| Damon R Leichty |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on September 22, 2022. A more recent docket listing may be available from PACER.
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Filing 16
NOTICE of Appearance by Zachary R Griffin on behalf of Robert Carter, Jr (Griffin, Zachary)
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Filing 15
WAIVER OF SERVICE Returned Executed by Robert Carter, Jr. Robert Carter, Jr waiver sent on 5/4/2021, answer due 7/6/2021. (Pagnamenta, Eric)
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Filing 14
NOTICE of Appearance by Eric A Pagnamenta on behalf of Robert Carter, Jr (Pagnamenta, Eric)
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Filing 13
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Robert Carter, Jr., Dorothy Livers. (Copy mailed to IDOC and Wexford as directed in Order) Waiver of Service due by 6/3/2021. (Attachments: #1 Opinion and Order, #2 Complaint) (lhc)
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Filing 12
OPINION AND ORDER: The court GRANTS the plaintiff leave to proceed against Commissioner Robert Carter, Jr., in his official capacity for money damages for excluding the plaintiff from a college program because he is confined to a wheelchair in violation of the Rehabilitation Act; GRANTS the plaintiff leave to proceed against Nurse Dorothy Livers in her individual capacity for money damages for terminating his medical idle pay because of grievances he filed about his medical care in violation of the First Amendment; DISMISSES all other claims; DISMISSES John Galipeau and John Harvil as defendants; DIRECTS the clerk to request a Waiver of Service from (and if necessary, the United States Marshals Service to use any lawful means to locate and serve process on) Robert Carter, Jr., at the Indiana Department of Correction and to send him a copy of thisorder and the complaint pursuant to 28 U.S.C. 1915(d); DIRECTS the clerk to request a Waiver of Service from (and if necessary, the United States Marshals Service to use any lawful means to locate and serve process on) Dorothy Livers at Wexford of Indiana, LLC, and to send her a copy of this order and the complaint pursuant to 28 U.S.C. 1915(d); ORDERS the Indiana Department of Correction and Wexford of Indiana, LLC, to provide the United States Marshal Service with the full name, date of birth, and last known home address of any defendant who does not waive service, to the extent this information is available; and ORDERS Robert Carter, Jr., and Dorothy Livers 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 Judge Damon R Leichty on 5/4/2021. (lhc)
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Filing 11
Initial Partial Filing fee received: $ 219.94, receipt number 3026760. (kms)
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Filing 10
Docket sheet to be distributed to Normand Fogarty #233674. (kms)
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Filing 9
Letter from Normand Fogarty regarding status of case. (Attachments: #1 Envelope) (kms)
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Filing 8
ORDER: Any other relief requested in Plaintiff's motion #7 is DENIED as unnecessary. Signed by Magistrate Judge Michael G Gotsch, Sr on 4/9/2021. (shk)
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Filing 7
MOTION to Correct Error re: 5 Opinion and Order by Plaintiff Normand Fogarty. (nae)
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Filing 6
ORDER: The Court GRANTS the plaintiff leave to proceed in forma pauperis #3 ,ORDERS the plaintiff, Normand Fogarty, IDOC # 233674, to immediately pay (and the facility having custody to automatically remit) $219.94 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 Damon R Leichty on 03/29/2021. (Copy mailed as directed in Order) (edb)
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Filing 4
Copy of docket sheet and plaintiff's copy of complaint to be distributed to Normand Fogarty #233674. (nae)
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Filing 3
MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Normand Fogarty. (nae)
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Filing 2
PRO SE COMPLAINT against Robert Carter, Jr, John Galipeau, John Harvil, Dorothy Livers, filed by Normand Fogarty. (Attachments: #1 Exhibits)(nae)
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Filing 1
Consent to Receipt of Documents Through Prisoner Electronic Filing Program by Normand Fogarty. 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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