Jones v. Hyatte et al
Plaintiff: Albert Jones
Defendant: Hyatte, George Payne and Mitchell
Not Classified By Court: MIAMI E-FILE(Court Use Only)
Case Number: 3:2021cv00808
Filed: October 21, 2021
Court: US District Court for the Northern District of Indiana
Presiding Judge: Jon E DeGuilio
Referring Judge: Michael G Gotsch
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 28, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 15, 2021 Opinion or Order Filing 9 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Warden Hyatte. (Copy mailed to IDOC as directed in Order) Waiver of Service due by 1/14/2022. (Attachments: #1 Opinion and Order, #2 Complaint) (lhc)
December 15, 2021 Opinion or Order Filing 8 OPINION AND ORDER: The Court GRANTS Albert Jones leave to proceed against Warden Hyatte in his official capacity for injunctive relief to afford additional privacy while using the bathroom while working in the kitchen, unless institutional safety and security justify the intrusion, as required by the Fourth Amendment; GRANTS Albert Jones leave to proceed against Warden Hyatte in his individual capacity for monetary damages to the extent that his privacy was infringed upon in a manner not justified by institutional safety and security, in violation of the Fourth Amendment; DISMISSES all other claims; DISMISSES Deputy Warden George Payne and Supervisor Mitchell; DIRECTS the clerk to request Waiver of Service from (and if necessary, the United States Marshals Service to serve process on) Warden Hyatte at the Indiana Department of Correction, with a copy of this order and the complaint #1 , under 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, under 42 U.S.C. 1997e(g)(2), Warden Hyatte 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 Chief Judge Jon E DeGuilio on 12/15/2021. (lhc)
December 13, 2021 Opinion or Order Filing 7 Docket sheet to be distributed to Albert Jones #125683 as requested in DE #6 Letter. (kms)
December 13, 2021 Opinion or Order Filing 6 Letter from Albert Jones requesting docket sheet. (E-file stamp dated 12/14/21, received 12/13/21) (kms)
December 8, 2021 Opinion or Order Filing 5 Initial Partial Filing fee received: $ 67.27, receipt number 3028122. (kms)
October 29, 2021 Opinion or Order Filing 4 Consent to Receipt of Documents Through Prisoner Electronic Filing Program by Albert Jones. 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. (kms)
October 22, 2021 Opinion or Order Filing 3 ORDER: The court GRANTS the plaintiff leave to proceed in forma pauperis #2 ; ORDERS the plaintiff, Albert Jones, IDOC # 125683, to immediately pay (and the facility having custody to automatically remit) $67.27 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 Chief Judge Jon E DeGuilio on 10/22/2021. (Copy mailed to pro se party and Miami Correctional Facility)(bas)
October 21, 2021 Opinion or Order Filing 2 MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Albert Jones. (nae)
October 21, 2021 Opinion or Order Filing 1 PRO SE COMPLAINT against Hyatte, Mitchell, George Payne, filed by Albert Jones. (Returned copy with case number to Jones) (Attachments: #1 Exhibits)(nae)

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Plaintiff: Albert Jones
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Defendant: Hyatte
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Defendant: George Payne
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Defendant: Mitchell
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