Winters v. Walton et al
| Emmanuel A Winters and Emmanuel Winters Bey |
| Warden, Ungrot, Walton and David Liebel |
| 3:2021cv00284 |
| April 26, 2021 |
| US District Court for the Northern District of Indiana |
| Michael G Gotsch |
| Damon R Leichty |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on June 15, 2022. A more recent docket listing may be available from PACER.
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Filing 9
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Chaplain Walton, Chaplain Ungrot, and Religious Director David Liebel. Waiver of Service due by 7/21/2021. (Attachments: #1 Order, #2 Complaint) (bas)
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Filing 8
OPINION AND ORDER: The court DENIES AS MOOT Emmanuel A. Winters's Motion to Amend #4 ; DENIES Emmanuel A. Winters's Motion for a Preliminary Injunction #7 ; GRANTS Emmanuel A. Winters leave to proceed against Chaplain Walton and Chaplain Ungrot in their individual capacities for compensatory and punitive damages for denying his requests for a Quran and MSTA religious materials, in violation of the First Amendment; GRANTS Emmanuel A. Winters leave to proceed against Religious Director David Liebel in his individual capacity for compensatory and punitive damages for denying his requests for Kosher or halal meals, in violation of the First Amendment; DISMISSES all other claims; DIRECTS the clerk to request Waiver of Service from (and if necessary, the United States Marshals Service to use any lawful means to locate and serve process on) Chaplain Walton, Chaplain Ungrot, and Religious Director David Liebel at the Indiana Department of Correction with a copy of this order and the complaint #5 pursuant to 28 U.S.C. 1915(d); ORDERS the Indiana Department of Correction to provide the full name, date of birth, and last known home address of any defendant who does not waive service, if it has such information; and ORDERS Chaplain Walton, Chaplain Ungrot, and Religious Director David Liebel 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 Damon R Leichty on 6/18/2021. (Copy mailed to pro se party)(bas)
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Filing 7
MOTION for Preliminary Injunction and Memorandum of Law in Support by Plaintiff Emmanuel A Winters. (nae)
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Filing 6
ORDER granting #3 Motion for Leave to Proceed in forma pauperis. The Court ORDERS the plaintiff, Emmanuel A. Winters, IDOC # 242936, to immediately pay (and the facility having custody to automatically remit) $31.34 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 (5) 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 5/19/21. (Copy mailed as directed in Order). (nal)
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Filing 5
PRO SE COMPLAINT against Walton, Ungrot, David Liebel, filed by Emmanuel A Winters.(File stamped copy with case number sent to Winters)(kms)
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***Amended Pleadings Deadline terminated. (kms)
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Filing 4
MOTION to Amend Defendant by Plaintiff Emmanuel A Winters. (nae)
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Filing 3
MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Emmanuel A Winters. (Attachments: #1 Letter re: ledger, #2 Declaration in Support of Request for Leave to Proceed in Forma Pauperis)(nae)
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Filing 2
OPINION AND ORDER DENYING #1 MOTION for Preliminary Injunction filed by Emmanuel A Winters; DIRECTING the Clerk to place this cause number on a blank Prisoner Complaint Pro Se 14 (INND Rev. 2/20) and a blank Prisoner In Forma Pauperis Motion, AO 240 (Rev. 7/10) (INND Rev. 8/16) and send them to Emmanuel A. Winters; GRANTING Emmanuel A. Winters until May 31, 2021, to file a complaint and resolve his filing fee status; and CAUTIONING Emmanuel A. Winters that, if he does not respond by the deadline, this case will be dismissed without further notice. Signed by Judge Damon R Leichty on 5/4/2021. (Copy mailed to pro se party with forms as directed in order)(mrm)
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Filing 1
MOTION for Preliminary Injunction by Plaintiff Emmanuel A Winters titled as Memorandum of Law in Support of Plaintiff's Motion for a Preliminary Injunction. (No IFP, filing fee or Complaint received) (Returned copy with case number to Winters) (Attachments: #1 Declaration)(nae)
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