Edwards v. Wells
| Jamel J. Edwards |
| Wells and Warden |
| MIAMI E-FILE(Court Use Only) |
| 3:2022cv00627 |
| August 5, 2022 |
| US District Court for the Northern District of Indiana |
| South Bend Office |
| Michael G Gotsch |
| Damon R Leichty |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on June 26, 2023. A more recent docket listing may be available from PACER.
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Filing 16
Consent to Receipt of Documents Through Prisoner Electronic Filing Program by Jamel J. Edwards. The Prisoner Electronic Filing Program operates pursuant to General Order 2018-1. When an inmate submits a document for electronic filing, the Prison Law Library emails a scanned copy and mails the original to the Court. The inmate should not mail a paper copy to the Court or a Defendant. When the scanned copy is docketed by the Court, a Notice of Electronic Filing (NEF) is emailed to the Prison Law Library. This NEF is printed by the Prison Law Library and given to the inmate with only the first page of the inmate's filing. Defendants are served by the Court. When the Prison Law Library receives an NEF for an entry by the Court, the NEF and a full copy of any attached order or document is printed and given to the inmate. The Prison Law Library will not print the NEF for documents filed by a Defendant. The Defendant must serve the inmate by mail. (kmt)
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Filing 15
NOTICE of Appearance by James L Hough on behalf of Warden, Wells (Hough, James)
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Filing 14
Confirmation received from Warden, Miami Correctional Facility - DE #10 , #11 and #12 were received. (nae)
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Filing 13
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Warden, Miami Correctional Facility and Lieutenant Wells. (Copy mailed to pro se party) Waiver of Service due by 10/17/2022. (Attachments: #1 Order DE #12 , #2 Amended Complaint DE #10 , #3 Motion for Preliminary Injunction DE #11 ) (nae)
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Filing 12
OPINION AND ORDER: GRANTS the plaintiff leave to proceed against Lieutenant Wells (first name unknown) in her personal capacity for monetary damages under the Eighth Amendment for failing to protect him from being stabbed by his cellmate on or about June 21, 2022, after he warned her that the inmate posed a threat to his safety; 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 injunctive relief needed to protect him from harm by other inmates as required by the Eighth Amendment; DISMISSES all other claims; DIRECTS the clerk to redesignate the plaintiffs letter (ECF #11 ) as a motion for a preliminary injunction; 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 and to send him a copy of this order, the amended complaint, and the motion for a preliminary injunction; DIRECTS the clerk to fax or email a copy of the same documents to the Miami Correctional Facility Warden at the Miami Correctional Facility; 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) Lieutenant Wells (first name unknown) at the Indiana Department of Correction and to send her a copy of this order and the amended complaint; 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; ORDERS the Miami Correctional Facility Warden to file and serve a response to the motion for a preliminary injunction as soon as possible but no later than October 11, 2022, with supporting documentation and declarations from staff as necessary, addressing whether the plaintiff is currently at risk of harm from other inmates and, if so, what steps are being taken to protect him; and ORDERS, under 42 U.S.C. 1997e(g)(2), the Miami Correctional Facility Warden and Lieutenant Wells (first name unknown) 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 Damon R Leichty on 9/15/2022. (Copy mailed to plaintiff. Copy faxed and emailed to Warden at Miami Correctional Facility)(nae)
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Filing 11
MOTION for Preliminary Injunction from Jamel J. Edwards. (Attachment: #1 Envelope). (nhc) Modified on 9/15/2022 per Order DE #12 (nae).
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Filing 10
AMENDED PRISONER COMPLAINT against Wells, filed by Jamel J. Edwards. (Attachments: #1 Envelope)(ksp)
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Filing 9
ORDER: The court GRANTS the plaintiff leave to proceed in forma pauperis #8 ; ORDERS the plaintiff, Jamel J. Edwards, IDOC # 266676, to immediately pay (and the facility having custody to automatically remit) $8.60 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 (5) 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 09/02/2022. (Copy mailed as directed in Order) (jdb)
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Filing 8
MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Jamel J. Edwards. (ksp)
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***Deadlines/Hearings terminated. (ksp)
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Filing 7
ORDER: The Court STRIKES the complaint #1 ; DIRECTS the clerk to place this cause number on a blank Prisoner Complaint (INND Rev. 8/16) form and send it to the plaintiff; GRANTS the plaintiff until September 9, 2022, to file an amended complaint on the appropriate form and either pay the filing fee in full or file a motion for leave to proceed in forma pauperis accompanied by a certified copy of his trust fund ledgers for the past six months; and CAUTIONS him that if he does not respond by the deadline, this case is subject to dismissal without further notice for lack of prosecution. Signed by Judge Damon R Leichty on 8/8/22. (Copy mailed as directed in Order)(ksp)
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Filing 6
Transfer case opened. Filing fee not paid, no IFP filed. (jld)
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Filing 5
Case transferred in from District of Indiana Southern; Case Number 1:22-cv-01550. Original file and docket sheet received.
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Filing 4
Transfer Letter to Clerk of the Northern District of Indiana. Case transferred electronically to Northern District of Indiana, on August 4, 2022. (JRB) [Transferred from Indiana Southern on 8/5/2022.]
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Filing 3
Order Transferring Case to the Northern District of Indiana - This action is now TRANSFERRED to the South Bend Division of the United States District Court for the Northern District of Indiana. SEE ORDER. Copy sent to Plaintiff via US Mail. Signed by Judge Richard L. Young on 8/4/2022.(JRB) [Transferred from Indiana Southern on 8/5/2022.]
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Filing 2
MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) [Transferred from Indiana Southern on 8/5/2022.]
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Filing 1
COMPLAINT against WELLS, filed by JAMEL J. EDWARDS. (No fee paid with this filing) (Attachments: #1 Exhibits including report and notice, #2 Cover Letter)(DJH) [Transferred from Indiana Southern on 8/5/2022.]
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