Downey v. Jason et al
| Blaze Robert Downey |
| Indiana State Prison, Wardens Office, Warden, Mental Health Dept and Jason |
| INDIANA STATE PRISON E-FILE (Court Use Only) |
| 3:2021cv00234 |
| April 5, 2021 |
| US District Court for the Northern District of Indiana |
| Michael G Gotsch |
| Robert L Miller |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on February 23, 2022. A more recent docket listing may be available from PACER.
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Filing 15
ORDER: In the interest of justice, the deadline for Warden Ron Neal to file and serve a response as outlined in the screening order is EXTENDED to 6/11/2021. Signed by Magistrate Judge Michael G Gotsch, Sr on 6/3/2021. (lhc)
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Filing 14
Partial Filing fee received: $ 292.00, receipt number 3026999. (kms)
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Filing 13
ORDER DENYING #12 MOTION to Produce Evidence by Plaintiff Blaze Robert Downey. Signed by Magistrate Judge Michael G Gotsch, Sr on 5/12/2021. (lhc)
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Filing 12
MOTION to Produce Evidence by Plaintiff Blaze Robert Downey. (Attachments: #1 Envelope)(kms)
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Filing 11
NOTICE of Appearance by Zachary R Griffin on behalf of Jason, Warden (Griffin, Zachary)
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Filing 10
WAIVER OF SERVICE Returned Executed by Warden, Jason. Warden waiver sent on 4/8/2021, answer due 6/7/2021; Jason waiver sent on 4/8/2021, answer due 6/7/2021. (McCann, Molly)
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Filing 9
NOTICE of Appearance by Molly M McCann on behalf of Jason, Warden (McCann, Molly)
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Filing 8
Consent to Receipt of Documents Through Prisoner Electronic Filing Program by Blaze Robert Downey. 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) (kms)
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Filing 7
ORDER DIRECTING the clerk to send the plaintiff ten copies of the screening order #5 ; and DENYING #3 MOTION for Appointment of Counsel by Plaintiff Blaze Robert Downey. Signed by Magistrate Judge Michael G Gotsch, Sr on 4/8/2021. (Copy mailed to pro se party as directed in Order)(lhc)
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Filing 6
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Warden Ron Neal, Deputy Warden Jason. (Copy mailed to IDOC as directed in Order) Waiver of Service due by 5/10/2021. (Attachments: #1 Opinion and Order, #2 Complaint) (lhc)
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Filing 5
OPINION AND ORDER: The court GRANTS the plaintiff leave to proceed against Ron Neal in his official capacity as the Warden of Indiana State Prison on an Eighth Amendment claim to obtain permanent injunctive relief related to his need for protection from other inmates; GRANTS the plaintiff leave to proceed against Deputy Warden Jason (last name unknown) in his personal capacity for monetary damages for failing to protect him from other inmates in violation of the Eighth Amendment; DISMISSES all other claims; DISMISSES Indiana State Prison, the Warden's Office, and the Mental Health Department as defendants; DIRECTS the clerk to request a Waiver of Service from Ron Neal by email to the Indiana Department of Correction along with a copy of this order and the complaint pursuant to 28 U.S.C. 1915(d), and to fax or email a copy of the same documents to Warden Neal at Indiana State Prison; DIRECTS the clerk to request a Waiver of Service from (and if necessary, the United States Marshals Service to serve process on) Deputy Warden Jason (last name unknown) and to send him a copy of this order and the complaint pursuant to 28 U.S.C. 1915(d); DIRECTS the United States Marshals Service to serve process on Warden Ron Neal pursuant to 28 U.S.C. 1915(d) by 5/24/2021 if he does not file anappearance by 5/17/2021; 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 this information is available; ORDERS Warden Ron Neal to file and serve a response no later than 6/2/2021, with supporting documentation and declarations from staff as necessary, addressing the status of the plaintiff's request for protective custody, whether he is presently in danger from other inmates at his facility, and what steps are being taken to protect him from harm; and ORDERS, pursuant to 42 U.S.C. 1997e(g)(2), Warden Ron Neal and Deputy Warden Jason to respond, as provided 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 Robert L Miller, Jr on 4/6/2021. (Copy mailed to Pro Se Party and Warden as directed in Order)(lhc)
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Filing 4
ORDER GRANTING #2 Motion for Leave to Proceed in forma pauperis; WAIVING the initial partial filing fee; ORDERING the plaintiff, Blaze Robert Downey, IDOC # 161272, 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 4/6/2021. (Copy mailed to pro se party and Inmate Trust Fund)(lhc)
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Filing 3
MOTION for Appointment of Counsel by Plaintiff Blaze Robert Downey. (Attachments: #1 Proposed Order)(kms)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Plaintiff Blaze Robert Downey. (kms)
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Filing 1
PRO SE COMPLAINT against Indiana State Prison, Jason, Mental Health Dept, Warden, Wardens Office, filed by Blaze Robert Downey. (Attachments: #1 Exhibit, #2 Envelope) (File stamped copy with case number sent to Downey)(kms)
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