Hartsock v. Indiana Department of Corr. et al
| Joseph Hartsock |
| Indiana Department of Corr, Robert Carter, Jr, James Basinger, Robert Bugher, Charlene Burkett, John Galipeau, Kenneth Gann, Kenneth Watts, Major Cornett, Joseph Farley, Weaver-Masterson, Strovd, Winters, Thomas, Caulley, Maples, Parrish, Zambrano, Logothesis, Grey, Diaz and Spurgeon |
| WESTVILLE E-FILE(Court Use Only) |
| 3:2022cv00303 |
| April 15, 2022 |
| US District Court for the Northern District of Indiana |
| Jon E DeGuilio |
| Michael G Gotsch |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 2, 2022. A more recent docket listing may be available from PACER.
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Filing 34
MOTION to Strike #32 Response to Motion, by Plaintiff Joseph Hartsock. (Attachments: #1 Memorandum in Support of Motion to Strike)(kmt)
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Filing 33
Consent to Receipt of Documents Through Prisoner Electronic Filing Program by Joseph Hartsock. 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)
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Filing 32
RESPONSE to Motion re #2 MOTION for Preliminary Injunction filed by John Galipeau. (Attachments: #1 Exhibit A) DOC Incident Report, #2 Exhibit B) DOC Incident Report, #3 Exhibit C) DOC Incident Report, #4 Exhibit D) OIS Bed Location History, #5 Exhibit E) John Hicks Declaration, #6 Exhibit F) Medical Records)(Arnold, Brandyn)
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Filing 31
ORDER denying #29 Motion for Order Granting Preliminary Injunction re: #2 MOTION for Preliminary Injunction. Signed by Chief Judge Jon E DeGuilio on 6/1/2022. (Copy mailed to pro se party) (rmf)
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Filing 30
(Unsigned) Corrected First AFFIDAVIT of Joseph Hartsock. (nae)
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Filing 29
Verified MOTION for Order Granting Preliminary Injunction re: #2 MOTION for Preliminary Injunction by Plaintiff Joseph Hartsock. (nae)
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Filing 28
OPINION AND ORDER GRANTING #27 Second MOTION for Extension of Time to File Response/Reply as to #2 MOTION for Preliminary Injunction filed by John Galipeau. The deadline is ENLARGED to 6/3/2022. No further enlargements of this deadline will be granted. The defendant must file a response as outlined in order. Signed by Magistrate Judge Michael G Gotsch, Sr on 5/31/2022. (Copy mailed to pro se party)(mrm)
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Filing 27
Second MOTION for Extension of Time to File Response/Reply as to #2 MOTION for Preliminary Injunction by Defendant John Galipeau. (Arnold, Brandyn)
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Filing 26
ORDER granting #25 Motion for Extension of Time to File Response. The deadline is ENLARGED to 5/27/22. Signed by Magistrate Judge Michael G Gotsch, Sr on 5/19/22. (Copy mailed to pro se party). (nal)
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Filing 25
MOTION for Extension of Time to File Response/Reply as to #17 Order,,,,,,, Terminate Motions,,,,,,, Set Deadlines,,,,,, Motion for Preliminary Injunction by Defendant John Galipeau. (Arnold, Brandyn)
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Filing 24
ORDER: The court GRANTS the plaintiff leave to proceed in forma pauperis #22 ; ORDERS the plaintiff, Joseph Hartsock, IDOC # 966460, to immediately pay (and the facility having custody to automatically remit) $15.34 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 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 05/18/2022. (Copy mailed to pro se party and Westville Correctional Facility: Inmate Trust Fund)(sej)
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Filing 22
Verified MOTION for Leave to Proceed in forma pauperis Under Imminent Danger of Serious Physical Harm Exception (Prisoner Trust Account Ledger attached) by Plaintiff Joseph Hartsock. (nae)
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Filing 23
Letter from Joseph Hartsock requesting a copy of page 5 of his amended complaint. (Upon review of DE #16 -1, page 5 was missing. Re-scanned Amended Complaint and sent copy of page 5 to Hartsock) (nae)
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Waiver of Service Deadline terminated. (mlc)
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Filing 21
WAIVER OF SERVICE Returned Executed by John Galipeau. John Galipeau waiver sent on 5/6/2022, answer due 7/5/2022. (Arnold, Brandyn)
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Filing 20
NOTICE of Appearance by Brandyn L Arnold on behalf of John Galipeau (Arnold, Brandyn)
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Filing 19
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Warden John Galipeau. Waiver of Service due by 6/6/2022. (Attachments: #1 Order, #2 Amended Complaint, #3 Mtn for Preliminary Injuction, #4 Unsigned Affidavit, #5 Memorandum in Support of Mtn) (shk)
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Filing 18
AMENDED COMPLAINT against James Basinger, Robert Bugher, Charlene Burkett, Robert Carter, Jr, Caulley, Major Cornett, Diaz, Joseph Farley, John Galipeau, Kenneth Gann, Grey, Indiana Department of Corr, Logothesis, Maples, Parrish, Spurgeon, Strovd, Thomas, Kenneth Watts, Weaver-Masterson, Winters, Zambrano, filed by Joseph Hartsock.(shk) (Additional attachment(s) added on 5/18/2022: #1 Corrected with page 5 added) (nae).
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Filing 17
ORDER: The Court DENIES the motion to amend #16 as UNNECESSARY; DIRECTS the clerk to docket the amended complaint (ECF 16-1); VACATES the screening order #14 ; GRANTS Joseph Hartsock leave to proceed against Warden John Galipeau in his official capacity to obtain permanent injunctive relief to protect him from attack by other inmates as required by the Eighth Amendment; DIRECTS, under 28 U.S.C. 1915(d), the clerk to request Waiver of Service from Warden John Galipeau by email to the Indiana Department of Correction with a copy of this order, the amended complaint (ECF 16-1), the motion for preliminary injunction (ECF 2), the unsigned Affidavit (ECF 3), and the Memorandum in Support of Motion for Preliminary Injunction (ECF 4); DIRECTS the clerk to fax or email a copy of the same documents to Warden John Galipeau at the Westville Correctional Facility; ORDERS, pursuant to 42 U.S.C. 1997e(g)(2), Warden John Galipeau to respond, as provided for in the Federal Rules of Civil Procedure and N.D. Ind. L.R. 10-1(b), only to the permanent injunctive relief claim on which the plaintiff has been granted leave to proceed in this screening order; and ORDERS Warden John Galipeau to file and serve a response to the preliminary injunction, as soon as possible but not later than May 20, 2022 (with supporting documentation and declarations from other staff as necessary) describing/explaining how Joseph Hartsock is being protected from attack by other inmates as required by the Eighth Amendment. Signed by Chief Judge Jon E DeGuilio on 5/6/2022. (Copy mailed as directed in Order)(shk)
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Filing 16
MOTION to Amend #1 Pro Se Complaint, by Plaintiff Joseph Hartsock. (Attachments: #1 Proposed Amended Complaint)(kms) (Additional attachment(s) added on 5/18/2022: #2 Corrected Amended complaint including page 5) (nae).
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Filing 15
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Westville Correctional Facility Warden. Waiver of Service due by 5/26/2022. (Attachments: #1 Complaint, #2 Preliminary Injunction, #3 Affidavit, #4 Memorandum, #5 Order) (asd) Modified on 4/26/2022 (emailed to Westville Correctional Facility Warden)(asd).
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Filing 14
**VACATED pursuant to Order #17 ** OPINION AND ORDER: The Court DIRECTS the clerk to add the Westville Correctional Facility Warden as a defendant in his official capacity; GRANTS Joseph Hartsock leave to proceed against the Westville Correctional Facility Warden in an official capacity to obtain permanent injunctive relief to protect him from attack by other inmates as required by the Eighth Amendment; DISMISSES all other claims; DISMISSES Indiana Department of Corr., Robert Carter, Jr., James Basinger, Robert Bugher, and Charlene Burkett; DIRECTS the clerk to request Waiver of Service from the Westville Correctional Facility Warden by email to the Indiana Department of Correction with a copy of this order, the complaint (ECF #1 ), the motion for preliminary injunction (ECF #2 ), the unsigned Affidavit (ECF #3 ), and the Memorandum in Support of Motion for Preliminary Injunction (ECF #4 ) under 28 U.S.C. 1915(d); DIRECTS the clerk to fax or email a copy of the same documents to the Westville Correctional Facility Warden at the Westville Correctional Facility; ORDERS, pursuant to 42 U.S.C. 1997e(g)(2), the Westville Correctional Facility Warden 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; and ORDERS the Westville Correctional Facility Warden to file and serve a response to the preliminary injunction, as soon as possible but not later than 5/10/2022 (with supporting documentation and declarations from other staff as necessary) describing/explaining how Joseph Hartsock is being protected from attack by other inmates as required by the Eighth Amendment. Signed by Chief Judge Jon E DeGuilio on 4/26/2022. (Copy mailed to pro se party)(asd) Modified on 5/6/2022 (shk).
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Filing 13
ORDER DENYING #5 Sealed Motion to File Documents Under Seal, filed by Plaintiff Joseph Hartsock. The Clerk is DIRECTED to UNSEAL the sealed filings in this case. Signed by Magistrate Judge Michael G Gotsch, Sr on 4/19/2022. (Copy mailed to pro se party)(mrm)
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Filing 12
ORDER: The court DENIES the in forma pauperis motion #6 and GRANTS Joseph Hartsock until 5/23/2022, to resolve his filing fee status. He is CAUTIONED if he does not respond by the deadline, this case may be dismissed without further notice. Signed by Chief Judge Jon E DeGuilio on 4/19/2022. (Copy mailed to pro se party). (nhc)
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Filing 11
ORDER DIRECTING the Clerk of Court to close this case and open a new case with these filings in the South Bend Division. Signed by Magistrate Judge John E Martin on 4/18/22. (Copy mailed to pro se party with copy of docket for South Bend case)(mlc)
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Filing 10
Case transferred in from District of Indiana Southern; Case Number 1:22-cv-00744. Original file certified copy of transfer order and docket sheet received.
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Filing 9
Transfer Letter to Clerk of the Northern District of Indiana, Hammond Division. Case transferred electronically to Northern District of Indiana, Hammond Division, on April 14, 2022. (Sealed Documents will be transmitted in a separate email). (MAC) [Transferred from Indiana Southern on 4/15/2022.]
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Filing 8
CLOSED TRANSFER to to the Hammond Division of the United States District Court for the Northern District of Indiana. Following the completion of the transfer, the clerk is directed to close this action on the docket. Mr. Hartsock's pending motions, including his motion for preliminary injunction and motion to proceed in forma pauperis remain pending. (See Order). Copy to Plaintiff via U.S. Mail. Signed by Judge Jane Magnus-Stinson on 4/14/2022. (MAC) [Transferred from Indiana Southern on 4/15/2022.]
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Filing 7
MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JSR) [Transferred from Indiana Southern on 4/15/2022.
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***Case Opening is Complete. (JSR) [Transferred from Indiana Southern on 4/15/2022.]
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***Set/Clear Flags: PROSE set. (JSR) [Transferred from Indiana Southern on 4/15/2022.]
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Filing 6
UNSEALED MOTION to Proceed In Forma Pauperis, filed by Plaintiff Joseph Hartsock. (Attachments: #1 Exhibit Letter). (documents received from Southern District). (nhc) Modified on 4/19/2022 to unseal (mrm).
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Filing 5
UNSEALED MOTION to File Documents Under Seal, filed by Plaintiff Joseph Hartsock. (documents received from Southern District). (nhc) Modified on 4/19/2022 to unseal per order (mrm).
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Filing 4
UNSEALED Memorandum in Support of Motion for Preliminary Injunction, filed by Plaintiff Joseph Hartsock. (documents received from Southern District). (nhc) Modified on 4/19/2022 to unseal (mrm).
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Filing 3
(unsigned) UNSEALED Affidavit, Filed by Plaintiff Joseph Hartsock. (documents received from Southern District). (nhc) Modified on 4/18/2022 to add docket text (nae). Modified on 4/19/2022 to unseal per order (mrm).
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Filing 2
UNSEALED MOTION for Preliminary Injunction by Plaintiff Joseph Hartsock. (documents received from Southern District). (nhc) Modified on 4/19/2022 to unseal (mrm).
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Filing 1
UNSEALED PRO SE COMPLAINT with Jury Demand against James Basinger, Robert Bugher, Charlene Burkett, Robert Carter, Jr, Indiana Department of Corr, filed by Joseph Hartsock. (Attachment: #1 Exhibit Offender Grievance). (documents received from Southern District). (nhc) Modified on 4/19/2022 to unseal per order (mrm).
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