McDuffy v. Hyiatt et al
| James Dawayne McDuffy and James McDuffy |
| Hyiatt, Knighlinger, Snow, Tolbit, Renner, Lucky and Morgan |
| MIAMI E-FILE(Court Use Only) |
| 3:2022cv00688 |
| August 23, 2022 |
| US District Court for the Northern District of Indiana |
| South Bend Office |
| Jon E DeGuilio |
| Michael G Gotsch |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on July 18, 2023. A more recent docket listing may be available from PACER.
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Filing 7
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Sgt. Knighlinger. Waiver of Service due by 11/21/2022. (Attachments: #1 Opinion and Order, #2 Complaint) (jdb)
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Filing 6
OPINION AND ORDER: The court GRANTS James Dawayne McDuffy leave to proceed against Sgt. Knighlinger in his individual capacity for compensatory and punitive damages for deliberate indifference to his safety on February 2, 2022, in violation of the Eighth Amendment; DISMISSES all other claims; DISMISSES Warden Hyiatt, Officer Snow, Classification Specialist Tolbit, Officer Renner, Lt. Lucky, and Captain Morgan; DIRECTS the clerk, under 28 U.S.C. 1915(d), to request Waiver of Service from (and if necessary, the United States Marshals Service to use any lawful means to locate and serve process on) Sgt. Knighlinger at the Indiana Department of Correction, with a copy of this order and the complaint #1 ; ORDERS the Indiana Department of Correction to provide the full name, date of birth, and last known home address of the defendant, if he does not waive service and it has such information; and ORDERS, under 42 U.S.C. 1997e(g)(2), Sgt. Knighlinger 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 10/20/2022. (jdb)
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Filing 5
ORDER: The court GRANTS the plaintiff leave to proceed in forma pauperis #4 ; WAIVES the initial partial filing fee; ORDERS the plaintiff, James Dawayne McDuffy, IDOC # 113995, 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 09/21/2022. (Copy mailed as directed in Order) (jdb)
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Filing 4
(unsigned, incomplete) MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff James Dawayne McDuffy. (Attachments: #1 Trust Ledger)(jld)
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Filing 3
Consent to Receipt of Documents Through Prisoner Electronic Filing Program by James Dawayne McDuffy. 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. (jld)
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Filing 2
ORDER: James Dawayne McDuffy is GRANTED until 9/28/2022, to respond to this order and CAUTIONED if he does not respond by the deadline, this case may be dismissed without further notice. Signed by Magistrate Judge Michael G Gotsch, Sr on 8/25/2022. (Copy mailed to pro se party)(mrm)
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Filing 1
PRO SE COMPLAINT against Hyiatt, Knighlinger, Lucky, Morgan, Renner, Snow, Tolbit, filed by James Dawayne McDuffy. (No filing fee or IFP received)(File stamped copy with case number sent to McDuffy)(kmt)
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