Ybarra v. Neal et al
| Randy Russell Ybarra and Randy Ybarra |
| Wexford of Indiana LLC, Ron Neal, Mark Newkirk, Josh Wallen and Indiana Dept' of Corrections |
| WESTVILLE E-FILE(Court Use Only) |
| 3:2021cv00418 |
| June 10, 2021 |
| US District Court for the Northern District of Indiana |
| Michael G Gotsch |
| Robert L Miller |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Defendant |
Docket Report
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This docket was last retrieved on April 19, 2024. A more recent docket listing may be available from PACER.
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Filing 18
ORDER: The court DENIES the motion for a preliminary injunction #2 ; DISMISSES the claim for permanent injunctive relief; and DISMISSES Warden Ron Neal in his official capacity. Signed by Judge Robert L Miller, Jr on 8/4/2021. (bas)
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Filing 17
MAGISTRATE JUDGE CONSENT FORMS sent to all parties. Magistrate Consent forms due by 8/23/2021. (mrm)
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Filing 16
SCHEDULING ORDER: The Court DIRECTS the clerk to issue Magistrate Consent Forms and ENTERS the following scheduling order: The deadline for joining parties and amending pleadings is 9/27/2021; The deadline for initiating discovery is 1/3/2022; The deadline for completing discovery is 2/2/2022;The deadline for filing dispositive motions is 3/9/2022. Signed by Magistrate Judge Michael G Gotsch, Sr on 8/2/2021. (mrm)
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Filing 15
Plaintiff's STATUS REPORT by Randy Russell Ybarra. (Attachments: #1 Envelope)(kms)
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Filing 14
Consent to Receipt of Documents Through Prisoner Electronic Filing Program by Randy Russell Ybarra. 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 13
STATUS REPORT by Ron Neal. (Flynn, Thomas)
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Filing 12
STATUS REPORT ORDER: Defense counsel and the unrepresented plaintiff are ORDERED to separately prepare and file brief status reports by 8/3/2021 as outlined. Signed by Magistrate Judge Michael G Gotsch, Sr on 6/30/2021. (Copy mailed to pro se party)(mrm)
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Filing 11
RESPONSE to Motion re #2 MOTION for Preliminary Injunction filed by Ron Neal. (Attachments: #1 Exhibit A Declaration of Ron Neal, #2 Exhibit B IDOC Policy and Administrative Procedure 02-03-109, #3 Exhibit C IDOC Policy and Administrative Procedure 02-01-104, #4 Exhibit D IDOC Policy and Administrative Procedure 01-02-101, #5 Exhibit E Weekly Inspection Reports for C-Cellhouse, #6 Exhibit F Sanitation Reports by Sanitation Officer Deborah Kochvar, #7 Exhibit G Relevant Medical Records for Offender Randy Ybarra, #8 Exhibit H Location History for Offender Randy Ybarra)(Flynn, Thomas)
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Filing 10
ANSWER to Complaint by Ron Neal.(Flynn, Thomas)
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Filing 9
NOTICE of Change of Address by Randy Russell Ybarra from Indiana State Prison to Westville Correctional Facility. (Attachments: #1 Envelope)(kms)
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Filing 8
NOTICE of Appearance by Peter A Inman on behalf of Ron Neal (Inman, Peter)
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Filing 7
WAIVER OF SERVICE Returned Executed by Ron Neal. Ron Neal waiver sent on 6/16/2021, answer due 8/16/2021. (Flynn, Thomas)
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Filing 6
NOTICE of Appearance by Thomas J Flynn on behalf of Ron Neal (Flynn, Thomas)
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Filing 5
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Warden Neal. Waiver of Service due by 7/16/2021. (Attachments: #1 Opinion and Order, #2 Complaint, #3 Motion for Preliminary Injunction) (lhc) Modified on 6/16/2021 cc: Emailed to Warden (lhc).
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Filing 4
OPINION AND ORDER: The court GRANTS Randy Russell Ybarra leave to proceed against Warden Ron Neal in his individual capacity for compensatory and punitive damages for ordering he be held in unsanitary conditions without any exercise since January 2021 in violation of the Eighth Amendment; GRANTS Mr. Ybarra leave to proceed against Warden Neal in his official capacity for permanent injunctive relief to obtain constitutionally adequate sanitation and exercise as required by the Eighth Amendment; DISMISSES all other claims; DISMISSES Josh Wallen, Mark Newkirk, Indiana Dept' of Corrections, and Wexford of Indiana LLC; DIRECTS the clerk to request Waiver of Service from (and if necessary, the United States Marshals Service to serve process on) Warden Neal at the Indiana Department of Correction, with a copy of this order, the complaint #1 , and the preliminary injunction motion #2 pursuant to 28 U.S.C. 1915(d); DIRECTS the clerk to fax or email a copy of the same documents to Warden Neal at the Indiana State Prison; ORDERS Warden Neal to file and serve a response to the preliminary injunction, as soon as possible but not later than 7/8/2021 (with supporting documentation and declarations from other staff as necessary) describing/explaining how Mr. Ybarra is receiving constitutionally adequate exercise and sanitation; and ORDERS, pursuant to 42 U.S.C. 1997e(g)(2), Warden Neal 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 Robert L Miller, Jr on 6/16/2021. (Copy mailed to pro se party)(lhc)
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Filing 3
ORDER: The court GRANTS the plaintiff leave to proceed in forma pauperis; WAIVES the initial partial filing fee; ORDERS the plaintiff, Randy Russell Ybarra, IDOC # 158166, 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 Robert L Miller, Jr on 6/14/2021. (Copy mailed to pro se party and Indiana State Prison)(bas)
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Filing 2
Plaintiff's MOTION Requesting Emergency Injunctive Relief by Plaintiff Randy Russell Ybarra. (Attachments: #1 Exhibit)(kms)
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Filing 1
PRO SE COMPLAINT against Indiana Dept' of Corrections, Ron Neal, Mark Newkirk, Josh Wallen, Wexford of Indiana LLC, filed by Randy Russell Ybarra. (Attachments: #1 Envelope)(No filing fee or IFP received)(File stamped copy with case number sent to Ybarra)(kms)
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