Lima v. Warden
| Richard Lima |
| Warden |
| WESTVILLE E-FILE(Court Use Only) |
| 3:2022cv00692 |
| August 23, 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 |
| Defendant |
Docket Report
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This docket was last retrieved on January 12, 2023. A more recent docket listing may be available from PACER.
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Filing 27
ORDER: The motion for summary judgment #18 is DENIED. TheWarden is CAUTIONED if a Pavey hearing is not requested by 11/15/2022, the affirmative defense of exhaustion of administrative remedies will be forfeited. Signed by Judge Damon R Leichty on 10/12/2022. (shk)
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Filing 26
Partial Filing fee received: $ 5.00, receipt number 3029854. (kmt)
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Filing 25
REPLY to Response to Motion re #18 MOTION for Summary Judgment for Failure to Exhaust Administrative Remedies filed by Warden. (Flynn, Thomas)
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Filing 23
RESPONSE to #18 MOTION for Summary Judgment filed by Richard Lima. (Attachments: #1 Exhibit)(kmt)
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Filing 24
RECEIPT of Proposed Settlement from Richard Lima. (nae)
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Filing 22
STATUS REPORT by Warden. (Flynn, Thomas)
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Filing 21
NOTICE by Warden to Pro Se Litigant of Summary Judgment Motion (Flynn, Thomas)
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Filing 20
STATEMENT of Material Facts in Support of Motion for Summary Judgment regarding #18 MOTION for Summary Judgment filed by Warden. (Flynn, Thomas)
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Filing 19
BRIEF in Support of #18 MOTION for Summary Judgment filed by Warden. (Attachments: #1 Exhibit A - Affidavit of Shannon Smith, #2 Exhibit B - IDOC Policy and Administrative Procedure 00-02-301, Offender Grievance Process, effective 9-1-2020, #3 Exhibit C - History of Grievances for Offender Richard Lima, IDOC number 234256)(Flynn, Thomas)
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Filing 18
MOTION for Summary Judgment by Defendant Warden. (Flynn, Thomas)
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Filing 17
RESPONSE to Affirmative Defenses Defendant Warden by Richard Lima re #10 Answer to Complaint. (kmt)
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Filing 16
NOTICE of Appearance by Carly A Brandenburg on behalf of Warden (Brandenburg, Carly)
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Filing 15
ORDER: The Court DIRECTS the Clerk to fax or email a copy of this order and the document #14 to the Westville Correctional Facility Warden at the Westville Correctional Facility; ALERTS the Westville Correctional Facility Warden that Richard Lima IDOC #234256, is threatening self-harm; NOTIFIES the Westville Correctional Facility Warden that his order does not require a response. Signed by Magistrate Judge Michael G Gotsch, Sr on 9/6/2022. (copy of Order and document 14 emailed to Warden at Westville Correctional Facility)(ash)
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Filing 14
AFFIDAVIT by Richard Lima. (kmt)
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Filing 13
Consent to Receipt of Documents Through Prisoner Electronic Filing Program by Richard Lima. 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 12
OPINION AND ORDER: The court DENIES the #3 preliminary injunction motion, VACATES that portion of the #2 order which required the Warden of the Westville Correctional Facility to file and serve a response to the preliminary injunction motion and DIRECTS the clerk to edit the docket entry of that #2 order to note the vacated portion. Signed by Judge Damon R Leichty on 8/31/22. (Copy mailed to pro se party). (nal)
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Filing 11
STATUS REPORT ORDER: The court GRANTS the defendant until 10/18/2022 to file one joint summary judgment motion based on the exhaustion of administrative remedies; CAUTIONS the defendant this affirmative defense will be forfeited if it is not waived or raised in a summary judgment motion by the deadline; REMINDS the defendant Local Rule 56-1 was amended February 25, 2022; REMINDS the defendant Local Rule 56-1(a)(3) requires "a Statement of Material Facts with numbered paragraphs for each material fact the moving party contends is undisputed which includes: (A) a short statement of each fact; and (B) a citation to evidence supporting each fact;" REMINDS the defendant Local Rule 56-1(a)(4) requires a party seeking summary judgment against an unrepresented party must serve that party with the notice contained in Appendix C; ORDERS defense counsel and the unrepresented plaintiff to separately prepare and file brief status reports by 10/18/2022; and STAYS all discovery pending resolution of the exhaustion issue and entry of a scheduling order. Signed by Magistrate Judge Michael G Gotsch, Sr on 08/31/2022. (Copy mailed to pro se party) (jdb)
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***Waiver of Service Deadline terminated per #9 . (nhc)
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Filing 10
Defendant's ANSWER to Complaint , Affirmative Defenses & Demand for Jury Trial by Warden.(Flynn, Thomas)
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Filing 9
WAIVER OF SERVICE Returned Executed by Warden. Warden waiver sent on 8/24/2022, answer due 10/24/2022. (Flynn, Thomas)
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Filing 8
NOTICE of Appearance by Thomas J Flynn on behalf of Warden (Flynn, Thomas)
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Filing 7
Sworn AFFIDAVIT of Justin James Eugene Clark in response to #2 Opinion and Order (nae) Modified on 8/29/2022 to correct docket text (nae).
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Filing 6
Received confirmation from Westville Correctional Facility Warden at the Westville Correctional Facility that DE #2 and #3 were received. (kmt)
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Filing 5
ORDER: GRANTS the plaintiff leave to proceed in forma pauperis; WAIVES the initial partial filing fee; ORDERS the plaintiff, Richard Lima, IDOC # 234256, 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 Judge Damon R Leichty on 8/24/2022. (Copy mailed as directed in Order)(kmt)
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Filing 4
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Warden. (Copy mailed to pro se party and Warden) Waiver of Service due by 9/23/2022. (Attachments: #1 Copy of DE #2 Order, #2 Copy of DE #3 Motion) (kmt)
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Filing 2
OPINION AND ORDER: DIRECTS the clerk to separately docket the complaint (ECF #1 at 1) as a motion for preliminary injunction; GRANTS Richard Lima leave to proceed against the Warden of the Westville Correctional Facility in an official capacity to obtain permanent injunctive relief to provide him with constitutionally adequate treatment for his suicidal thoughts as required by the Eighth Amendment; DISMISSES all other claims; 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 Warden of the Westville Correctional Facility 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 Warden of the Westville Correctional Facility at the Westville Correctional Facility, ORDERS, under 42 U.S.C. 1997e(g)(2), the Warden of the Westville Correctional Facility 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**VACATED**ORDERS the Warden of the Westville Correctional Facility to file and serve a response to the preliminary injunction motion, as soon as possible but not later than 9/15/2022, with supporting medical documentation and declarations from other staff as necessary, describing what care the plaintiff is receiving to address his suicidal thoughts.**VACATED**Signed by Judge Damon R Leichty on 8/24/2022. (Copy mailed as directed in Order)(kmt) Modified on 9/1/2022 update docket text per #12 order. (nal)
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Filing 3
MOTION for Preliminary Injunction by Plaintiff Richard Lima. (Docketed pursuant to DE #2 Order) (kmt)
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Filing 1
PRO SE COMPLAINT against Warden, filed by Richard Lima. (No filing fee or IFP received)(File stamped copy with case number sent to Lima)(kmt)
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