Spann-El v. Ind State of et al
Plaintiff: Richard A Spann-El
Defendant: Ind State of, USA, MCF and Warden
Case Number: 3:2022cv00541
Filed: July 13, 2022
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 Prisoner Civil Rights
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 30, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 8, 2022 Opinion or Order Filing 13 ORDER DENYING #11 Motion to Record Documents/Evidences of Constant Violations w/ Order for Injunctive Relief by Plaintiff Richard A Spann-El. Signed by Chief Judge Jon E DeGuilio on 9/8/2022. (Copy mailed to pro se party)(ash)
August 29, 2022 Opinion or Order Filing 12 OPINION AND ORDER: The plaintiff's motions for preliminary injunctive relief ECF #1 , #9 and #10 are DENIED. Signed by Chief Judge Jon E DeGuilio on 8/29/22. (Copy mailed to pro se party). (nal)
August 25, 2022 Opinion or Order Filing 11 MOTION to Record Documents/Evidences of Constant Violations w/ Order for Injunctive Relief by Plaintiff Richard A Spann-El. (Attachments: #1 Exhibit, #2 Envelope)(kmt)
August 24, 2022 Opinion or Order Filing 10 MOTION for Affirmative Action by Plaintiff Richard A Spann-El. (kmt)
August 24, 2022 Opinion or Order Filing 9 MOTION for Temporary Restraining Order , titled as Claim of Cruel & Unusual Punishment Non0Colorable Claims w/ Order for Affirmative Action w/ Claim of Campain of Harrasment, Permanent Injunction & TRO w/ Honor Under U.S. Constitutional Law & Treaty Rights, by Plaintiff Richard A Spann-El. (kmt)
August 10, 2022 Opinion or Order Filing 8 NOTICE of Appearance by Brandyn L Arnold on behalf of Warden (Arnold, Brandyn)
August 10, 2022 Opinion or Order Filing 7 RESPONSE to Motion re #1 MOTION for Permanent Injunction filed by Warden. (Attachments: #1 Exhibit A) Declaration of Richard Brown)(Arnold, Brandyn)
July 26, 2022 Opinion or Order Filing 6 Disclosure & DISCOVERY w/ Means to Provide Evidence for Mandatory Pre-liminary Injunction w/ Hardships & 1st Amend. Violations by Richard A Spann-El. (Attachments: #1 Blank Consent Form, #2 Envelope)(nae) (E-filed copy scanned 7/26 could not be read (too light). MCF sent paper copy by mail, received 8/1/22)
July 15, 2022 Opinion or Order Filing 5 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Miami Correctional Facility Warden. Waiver of Service due by 8/15/2022. (Attachments: #1 Screening Order, #2 Preliminary Injunction Motion) (sej)
July 15, 2022 Opinion or Order Filing 4 OPINION AND ORDER: The court DIRECTS the clerk to separately docket the motion for permanent injunction #1 as a complaint under 42 U.S.C. 1983; DIRECTS the clerk to redesignate the motion for a permanent injunction #1 as a motion for preliminary and permanent injunctive relief; DIRECTS the clerk to add the Miami Correctional Facility Warden as a defendant; GRANTS the plaintiff leave to proceed against the Miami Correctional Facility Warden in an official capacity to obtain permanent injunctive relief to protect him from harm by other inmates as required by the Eighth Amendment; DISMISSES all other claims; DISMISSES Ind. State of, USA, and MCF as defendants; DIRECTS the clerk, under 28 U.S.C. 1915(d), to request a Waiver of Service from (and if necessary, the United States Marshals Service to serve process on) the Miami Correctional Facility Warden at the Indiana Department of Correction, with a copy of this order and the preliminary injunction motion; DIRECTS the clerk to fax or email a copy of the same documents to the Miami Correctional Facility Warden at the Miami Correctional Facility; ORDERS, under 42 U.S.C. 1997e(g)(2), the Miami 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 claim for which the plaintiff has been granted leave to proceed in this screening order; and ORDERS the Miami Correctional Facility Warden to file and serve a response to the preliminary injunction, as soon as possible but not later than 08/10/2022, with supporting documentation and declarations from other staff as necessary, describing whether the plaintiff is currently at risk of harm from other inmates and what steps are being taken to protect him from harm. Signed by Chief Judge Jon E DeGuilio on 07/15/2022. (Copy mailed to pro se party and emailed to the Miami Correctional Facility Warden as directed in order)(sej)
July 15, 2022 Opinion or Order Filing 2 ORDER: The court GRANTS the plaintiff leave to proceed in forma pauperis; WAIVES the initial partial filing fee; ORDERS the plaintiff, Richard A. Spann, IDOC # 178770, 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 07/15/2022. (Copy mailed to pro se party and Miami Correctional Facility: Inmate Trust Fund Department)(sej)
July 13, 2022 Opinion or Order Filing 3 PRO SE COMPLAINT against Warden of Miami Correctional Facility, filed by Richard A Spann-El, docketed pursuant to DE #4 Order.(sej) Modified on 7/18/2022 (kmt).
July 13, 2022 Opinion or Order Filing 1 MOTION for Preliminary and Permanent Injunctive Relief by Plaintiff Richard A Spann-El. (Attachments: #1 Envelope)(File stamped copy with case number sent to Spann-El)(kmt) Modified on 7/15/2022 per #4 Opinion and Order (sej)

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Plaintiff: Richard A Spann-El
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Defendant: Ind State of
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Defendant: USA
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Defendant: MCF
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Defendant: Warden
Represented By: Brandyn L Arnold
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