Fogarty v. Harvil et al
| Normand Fogarty |
| John Harvil, John Galipeau and Robert Carter, Jr |
| WESTVILLE E-FILE(Court Use Only) |
| 3:2021cv00683 |
| September 13, 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 February 13, 2024. A more recent docket listing may be available from PACER.
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Filing 13
WAIVER OF SERVICE Returned Executed by John Harvil. John Harvil waiver sent on 10/5/2021, answer due 12/6/2021. (Sawyer, Erica)
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Filing 12
Docket sheet and copy of DE #7 Opinion and Order to be distributed to Normand Fogarty #233674 as requested. (Attachments: #1 Copy of DE #7 )(kms)
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Filing 11
Letter from Normand Fogarty requesting copy of DE 6 and #7 . (kms)
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Filing 10
NOTICE of Appearance by Alexander R Carlisle on behalf of John Harvil (Carlisle, Alexander)
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Filing 9
NOTICE of Appearance by Erica L Sawyer on behalf of John Harvil (Sawyer, Erica)
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Filing 8
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to John Harvil. Waiver of Service due by 11/4/2021. (Attachments: #1 Order, #2 Complaint) (bas)
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Filing 7
OPINION AND ORDER: The court GRANTS the plaintiff leave to proceed against John Harvil in his personal capacity for money damages for violating his First Amendment rights by falsely designating him as a "grievance abuser" in retaliation for a grievance he filed about a smell in his dormitory in February 2020; DISMISSES all other claims; DISMISSES John Galipeau and Robert Carter, Jr. 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) John Harvil at the Indiana Department of Correction and to send him a copy of this order and the complaint pursuant to 28 U.S.C. 1915(d); ORDERS the Indiana Department of Correction 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 John Harvil to 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 Judge Damon R Leichty on 10/5/2021. (bas)
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Filing 6
Initial Partial Filing fee: $ 100.00, receipt number 3027751 (jld)
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Filing 5
ORDER GRANTING #3 Motion for Leave to Proceed in forma pauperis; ORDERS the plaintiff, Normand Fogarty, IDOC # 233674, to immediately pay (and the facility having custody to automatically remit) $13.33 to the clerk in payment of the initial partial filing fee; ORDERS 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; 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 9/16/2021. (Copy mailed to Inmate Trust Fund)(lhc)
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Filing 4
Copy of docket sheet 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, 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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